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    New entry for LEO

    duty solicitor - Pflichtverteidiger

    New entry

    duty solicitor law - Pflichtverteidiger

    Related new entry

    duty counsel

    law Canad. -


    Examples/ definitions with source references
    New Zealand:
    A Duty Solicitor (also called a Duty Lawyer) is a lawyer on duty at the courts. They provide free legal help to people who have been charged with an offence and don’t have their own lawyer.
    What is a duty solicitor?
    If you’ve been charged with an offence or summonsed you will need to attend court. A duty solicitor is a free lawyer regularly on duty at the courts. They provide legal help to people who have been charged with an offence and don’t have their own lawyer. If you’re in Police custody, the duty solicitor will see you in the cells.

    A duty solicitor is a solicitor who is not employed by the either the police or the courts. They are independent and will represent a person in both the police station and at court free of charge.

    A duty solicitor will provide you with FREE legal advice and representation at the Police Station, 24 hours per day all year round.

    At the Magistrates Court, duty solicitors are available to give FREE advice and representation in most cases and in all cases if you are held in custody.

    If you do not have or know a solicitor, a duty solicitor can be contacted for you by the police or the Court.

    All duty solicitors are experienced solicitors who work for firms of solicitors and have to meet high standards that are checked by the Legal Services Commission.

    In the United Kingdom and several other Commonwealth countries, a duty solicitor (or, in Canada, a duty counsel) is a solicitor whose services are available to a person either suspected of, or charged with, a criminal offence free of charge (pro bono) if that person does not have access to a solicitor of their own.
    A Duty counsel is a court appointed lawyer in the Canadian criminal justice system. The lawyer is often the first legal advice given to a detained respondent. The Duty Counsel is the arrested person's representative to the court, unless the accused has secured other legal advice. Persons arrested and informed of their rights will have to be informed of their right to speak with a Duty Counsel before answering questions. The Duty Counsel may be in the court docket, responding to the appearance of the detained person serially, or the Duty Counsel may be available over the phone after a person is arrested.

    South Australia:
    Duty Solicitors
    The Commission provides a lawyer (called a duty solicitor) for most registries of the Magistrates and Youth Courts every weekday. Duty solicitors act for people who are appearing in court on a criminal charge and have no one to represent them. Usually the duty solicitor arranges for bail or for the case to be adjourned and helps the client to fill out an application for legal aid.

    Duty Counsel: Legal Aid Services
    November 2001

    A. Legal Aid Ontario provides a number of programs to assist people who cannot afford to hire their own lawyers so they can have access to legal information and representation. These programs include community legal clinics, advice clinics, legal aid certificates and duty counsel.

    Duty counsel are lawyers paid by Legal Aid Ontario at legal aid rates who work in both family and criminal courts. They are there to assist unrepresented people by providing them with basic legal information and advice, information and guidance about the court process and to assist them in completing court paperwork and conducting basic court appearances such as adjournments.
    Duty Counsel
    A Duty Counsel program ensures the availability of free legal advice and assistance to people making their initial criminal court appearance unrepresented by counsel. There is no financial eligibility testing for assistance through this program. Duty Counsel are lawyers paid by Legal Aid Alberta who help people understand the court process and who give free legal advice.

    Duty Counsel services are provided in both the adult and youth divisions of Provincial Court. Persons seeking assistance from Duty Counsel can go directly to the court in which they are appearing. Visiting a Legal Aid office prior to your appearance is not required.

    § 49 Pflichtverteidigung, Beistandsleistung
    (1) Der Rechtsanwalt muß eine Verteidigung oder Beistandsleistung übernehmen, wenn er nach den Vorschriften der Strafprozeßordnung oder des Gesetzes über Ordnungswidrigkeiten zum Verteidiger oder nach den Vorschriften des Gesetzes über die internationale Rechtshilfe in Strafsachen oder des IStGH-Gesetzes als Beistand bestellt ist.
    (2) § 48 Abs. 2 ist entsprechend anzuwenden.
    Als eine Konkretisierung des Rechtsstaatsprinzips enthält die Strafprozessordnung Vorschriften, in denen geregelt ist, dass einem Beschuldigten unter bestimmten Voraussetzungen ohne Rücksicht auf seine Einkommens- und Vermögensverhältnisse ein Pflichtverteidiger zu bestellen ist. Damit soll zum einen das Interesse des Rechtsstaats an einem prozessordnungsgemäßen Strafverfahren, vor allem aber auch die wirksame Verteidigung des Beschuldigten gesichert werden.
    Author Dan (De) (237422) 13 Sep 08, 03:31
    Sounds pretty convincing, Dan! Very clear examples. (I'll admit I'm impressed that you quoted a NZ example first...)
    #1AuthorMary nz/a (431018) 13 Sep 08, 03:40
    I’m not so convinced. It doesn’t appear from the examples quoted whether a duty sollicitor is representing a detainee only temporarily or during the whole criminal proceedings.

    I could provide examples for "duty consel" in domains where Dan gave evidence for "duty sollicitor", for instance:

    Step 2: Go to the courthouse and speak with a duty counsel who will work with you as a free legal adviser, and who can help set you up with a payment plan ...
    #2AuthorEwald21 Feb 10, 02:06
    I'm not convinced either, at least as far as England is concerned. Duty solicitors also act as free advisors at courts, without necessarily representing defendants during the proceedings, nor are they something to which defendants are entitled (that's more a case of being defended on legal aid).

    However, it is now pretty much exactly 3 years since the suggestion, and this entry (albeit not entirely accurate in my opinion) seems to have found its way into LEO: Dictionary: duty solicitor
    #3AuthorRichard (236495) 21 Feb 10, 03:13
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