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Representation in Court

  • 25-06-2012 4:43pm
    #1
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭


    Can a lay person appear for an accused in court? What if they had a law degree etc or is it only Solicitor, Barrister and the person themselves that can speak on the accused's behalf?


Comments

  • #2
    McCrack
    Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    No but a Mechenzie friend and amicus curiae are the only exceptions and I don't think either apply to criminal trials.

    Anyone else (to represent and plead) must be an officer of the court.


  • #3
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    In law only practising solicitors and barristers are entitled to address the court on behalf of another person.

    In reality all sorts or mammys and brothers will turn up from time to time and apply for adjournments etc.


  • #4
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    johnnyskeleton wrote: »
    In reality all sorts or mammys and brothers will turn up from time to time and apply for adjournments etc.

    Do the courts entertain these people's requests ?


  • #5
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Delancey wrote: »
    Do the courts entertain these people's requests ?
    Yes. I have represented my folks many times in court. District Judges are very understanding.

    On one occasion I had some colour character wanting to hire me to defend him.


  • #6
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Would it just work for family or do you think DC judges would allow people represent friends etc.?


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  • #7
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    NoQuarter wrote: »
    Would it just work for family or do you think DC judges would allow people represent friends etc.?

    I would say that unless you're seasoned and versed in practice and procedural rules, then don't. Representing friends can cause embarrassment when it invariably goes wrong.

    Trainee Matlocks are nothing but an irritation to all concerned.

    Hire a local seasoned solicitor.


  • #8
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    McCrack wrote: »
    No but a Mechenzie friend and amicus curiae are the only exceptions and I don't think either apply to criminal trials.

    Anyone else (to represent and plead) must be an officer of the court.

    Mackenzie friends have no legal standing in any court. The judges have a discretion to hear them. A Mackenzie friend should not try and act as advocate in a criminal case in the District Court. The judge will get very annoyed.
    Amicus Curiae do not appear for any party and are independent of both partys. They are allowed when it is considered that their input would be helpful.


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