Self-advocates in civil legal disputes: how personal and other factors influence the handling of their cases

Robertson, Michael and Giddings, Jeff (2014) Self-advocates in civil legal disputes: how personal and other factors influence the handling of their cases. Melbourne University Law Review, 38 (1). pp. 119-150. ISSN 0025-8938

Abstract

This article examines how some self-advocates handle their own civil legal disputes in circumstances where legal representation is not available. A combination of influences helps explain why some users of a specialised dispute resolution process were more likely to be effective and successful in their self-advocacy endeavours. Most importantly, the more effective users displayed positive attitudes, motivation and self-belief. They also demonstrated abilities in organisation, research and preparation. These attributes appeared to position them strongly to engage with and effectively manage the legal matters at hand. By contrast, other users in the same study were negatively disposed towards the challenges they faced. They lacked confidence and avoided seeking advice, conducting research, or preparing for their hearing.


Statistics for USQ ePrint 26586
Statistics for this ePrint Item
Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: © 2014 Melbourne University Law Review. Permanent restricted access to published version due to publisher copyright policy.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 20 Jan 2015 00:08
Last Modified: 07 Jul 2016 06:10
Uncontrolled Keywords: civil case; representation; self advocacy
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180104 Civil Law and Procedure
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
18 Law and Legal Studies > 1801 Law > 180102 Access to Justice
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940401 Civil Justice
URI: http://eprints.usq.edu.au/id/eprint/26586

Actions (login required)

View Item Archive Repository Staff Only