So, what does legal representation mean? In simple terms it denotes the process of lawyers representing a client(you) in court and everything they do to fight for you during the proceedings. Legal representation or right to counsel is the ability to access counsel during a trial. Legal representation and the right to counsel is one of the minimum guarantees for fair trial. In any legal proceeding it is important to have counsel representation. The UN Human Rights Council General comment no. 32, Article 14 of International Covenant on Civil and Political Rights (ICCPR) says that “[t]he availability or absence of legal assistance often determines whether or not a person can access the relevant proceedings or participate in them in a meaningful way” (UN Human Rights Committee (HRC, n.d). Article 14 sets out a general guarantee of equality before courts and tribunals and to fair trial. Regardless of the nature of the proceeding, you are guaranteed equality before the law.
So, your defense counsel will investigate the allegations and then offer legal and factual arguments against the charges on your behalf. A counsel will also present your case to the court of law or tribunal and ensure the proceedings happen in accordance with established law and the fair trial guarantee.
The Importance of Legal Representation
Legal representation is essential when you are faced with legal issues or are about to make serious personal or professional decisions. Having legal representation helps you in understanding the set of laws, statutes, and the details involved in legal proceedings. Without any knowledge in this field, you are most likely to face difficulties understanding all that. By choosing to represent yourself, you might end up paying more amounts. According to Wright (n.d), "rights are useless unless the people who have those rights are aware of them, their significance, and how to use them effectively."
You may need to know this. Although you are guaranteed a counsel representation, you will be in bad shape if you cannot access the best. Although this is not how it's supposed to be, we must be realistic, it does happen. As a result, you will find that only those with deep pockets get the best representation. Another scenario, you can be assigned the best counsel as the law requires, but find someone who’s not willing to fight for you. When I started practicing law, I committed myself to defending all regardless of their status. This way everyone can appreciate being a part of the wonderful state of Nevada. Nevada despite having created an independent State Public Defender Commission to fund and oversee the delivery of public defense services in 1971, Today, the state public defender serves only Carson City and White Pine County. The rest of the county governments established systems in which the lowest bidder is contracted to provide representation for a single flat fee (Carroll, 2015). There are no standards as to how the counties must set up their systems. What that means is that the state does not fulfil its constitutional duty. And where does this leave the poor? They don’t have any adequate representation. The state should work getting the citizens better legal representation. It’s their right. Visit joeygilbertlaw.com to learn more and to get the best and affordable legal representation.
Carroll, D. (2015, July 24). Nevada Supreme Court bans flat fee contracting. Sixth Amendment Center. https://sixthamendment.org/nevada-supreme-court-bans-flat-fee-contracting/
UN Human Rights Committee (HRC), General comment no. 32, Article 14, Right to equality before courts and tribunals and to fair trial, 23 August 2007, CCPR/C/GC/32, available at: https://www.refworld.org/docid/478b2b2f2.html [accessed 28 January 2021]
Wright, G. (n.d.). The Importance of Legal Representation In Court. SG & Singapore Map! Powered by Streetdirectory.com. Retrieved January 28, 2021, from https://www.streetdirectory.com/etoday/the-importance-of-legal-representation-in-court-uoaful.html