Chapter

Some Proposed Changes in Civil Procedure: Their Practical Benefits and Ethical Rationale

G. L. Davies and Sally A. Sheldon

in Legal Ethics and Legal Practice

Published in print March 1996 | ISBN: 9780198259459
Published online March 2012 | e-ISBN: 9780191681950 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198259459.003.0007
Some Proposed Changes in Civil Procedure: Their Practical Benefits and Ethical Rationale

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It seems that no description of the civil dispute resolution process in the legal system is complete without a catalogue of its attendant problems: the burgeoning cost of legal services, inequality of resources between litigants, crippling pre-trial delays, lengthy trials, discovery abuses, and morally dubious tactical devices all feature regularly in such accounts. Many individuals and organisations grapple daily with the question of how to tackle these problems. Theories abound as to the best prescriptions for effective reform. This chapter discusses some proposals for change. The reforms discussed are proposed by, or under the consideration of the Queensland Litigation Reform Commission. The chapter is divided into two parts. First, it canvasses the Commission's and the proposed procedural reforms, together with the practical benefits which are expected to flow from them. Secondly, it explains the ethical basis for the suggested reforms.

Keywords: civil dispute resolution; legal reform; legal system; Queensland Litigation Reform Commission; legal ethics; procedural reform

Chapter.  7982 words. 

Subjects: Legal System and Practice

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