In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons that the filing party or parties believes are sufficient to support a claim against the party or parties against whom the claim is brought that entitles the plaintiff(s) to a remedy. For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading.
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession.
Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.
A lawsuit is a proceeding by one or more parties against one or more parties in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the defendant. A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
Gideon v. Wainwright, 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own. The case extended the right to counsel, which had been found under the Fifth and Sixth Amendments to impose requirements on the federal government, by imposing those requirements upon the states as well.
Pro bono publico, usually shortened to pro bono, is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for people who are unable to afford them.
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. This article describes the development of legal aid and its principles, primarily as known in Europe, the Commonwealth of Nations and in the United States.
Pro Bono Net is a US nonprofit organization based in New York City and San Francisco. The organization works in close partnership with nonprofit legal aid organizations across the United States and Canada, to increase access to justice for the millions of poor people who face legal problems every year without help from a lawyer. It does this by (i) supporting the innovative and effective use of technology by the nonprofit legal sector, (ii) increasing participation by volunteers, and (iii) facilitating collaborations among nonprofit legal organizations and advocates working on similar issues or in the same region. Founded in 1998 with a grant from the Open Society Institute, Pro Bono Net has developed a broad base of support from foundations, law firms, corporate sponsors and nonprofit partners alike, to build web platforms that offer powerful and sophisticated online tools to pro bono and legal aid advocates, and to provide critical legal information and assistance directly to the public. Its model has been adopted in 30 states and regions, reaching approximately two-thirds of the poverty population and lawyers in the United States.
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have rights of audience in the superior court, and solicitors, who have rights of audience in the lower courts, unless a certificate of advocacy is obtained, which allows a solicitor advocate to represent clients in the superior courts also. There is no such distinction in American law.
The Florida Justice Institute (FJI) is a nonprofit public interest law firm in Miami, Florida. It was established in 1978 by Randall C. Berg Jr. The institute has been dedicated to improving conditions in Florida's prison system and has initiated numerous class action lawsuits toward this end. Berg is past president of the Florida ACLU. Berg also served on Governor Lawton Chiles' Transition Criminal Justice Task Force and is the past Chairman of the Corrections Committee.
Legal advertising is advertising by lawyers (attorneys), solicitors and law firms. Legal marketing is a broader term referring to advertising and other practices, including client relations, social media, and public relations. It's a type of marketing undertaken by law firms, lawyers (attorneys) and solicitors that aims to promote the services of law firms and increase their brand awareness.
Pro se legal representation comes from Latin pro se, meaning "for oneself" or "on behalf of themselves" which, in modern law, means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney.
Legal financing is the mechanism or process through which litigants can finance their litigation or other legal costs through a third party funding company.
Daniel D. Blinka is a practicing trial lawyer and law professor at Marquette University Law School in Milwaukee, Wisconsin. As a scholar, Blinka focuses primarily on evidence law, criminal procedure, and American history. He teaches evidence, trial advocacy, criminal law, constitutional criminal procedure, ethics, and American history. Blinka holds a Ph.D. in American history and a JD from the University of Wisconsin–Madison, where he has also taught history courses.
Thad McIntosh Guyer is an American civil rights lawyer with an international practice based in the State of Oregon.
Unbundled legal services, also known as limited scope representation and discrete task representation, is a method of legal representation in which an attorney and client agree to limit the scope of the attorney’s involvement in a lawsuit or other legal action, leaving responsibility for those other aspects of the case to the client in order to save the client money and give them more control. Unbundled legal services, limited scope retainers or discrete task representation are available in multiple jurisdictions, including the United States, as well as the Canadian provinces of British Columbia and Ontario. One common use of unbundled legal services is family law, as a case is often too complex for a pro se litigant to handle alone but the cost of full-service legal representation is often prohibitive.
Legal ghostwriting is a form of unbundled legal services in the United States in which an attorney drafts a document on behalf of a client without formally appearing before the court. Instead, the client represents his or herself pro se.
The New York County Lawyers Association (NYCLA) is a bar association located in New York City.
Public law libraries provide access to primary legal sources and secondary sources used in legal matters. In most U.S. states, public law libraries are part of the trial court system, a department of the state or county government, or an independent local government agency managed by a board of trustees. Public law libraries serve several user groups with different information needs: judges and their support staff, attorneys in all types of practice, and the general public.
Access to justice is a basic principle in rule of law which describe how citizens have equal access to the legal systems in their context. Most contexts have initiatives and programs are designed to provide legal services to populations that may otherwise have difficulty obtaining legal advice and representation. Without access to justice, people are not able to fully exercise their rights, challenge discrimination, or hold decision-makers accountable for their actions.
