NCJ Number
61147
Editor(s)
J YABLON
Date Published
1978
Length
24 pages
Annotation
FACTORS AFFECTING CITIZENS' ACCESS TO CIVIL LITIGATION IN ISRAEL ARE DISCUSSED, AND PROPOSALS FOR IMPROVING ACCESS ARE PRESENTED.
Abstract
IN ISRAEL, EXCEPT FOR A FEW PROFESSIONAL DUTIES, LAWYERS' FEES ARE SET BY MUTUAL AGREEMENT BETWEEN CLIENT AND ADVOCATE. THE MINIMUM FEE, SET BY THE CHAMBERS OF ADVOCATES, CANNOT BE LESS THAN $7 1/2 FOR AN ORDINARY COURT SUIT. LOSERS IN SUITS ARE REQUIRED TO PAY THE COSTS, EXCEPT FOR THE AMOUNT OF THE WINNERS' ADVOCATES' FEES ABOVE THE PRESCRIBED MINIMUM. THE FILING OF A CIVIL PROCEEDING MUST BE PRECEDED BY PAYMENT TO THE COURT OF THE PRESCRIBED FEE, WHICH IS BASED ON THE AMOUNT OF THE CLAIM. THE EFFICIENCY OF THE LEGAL PROCESS IN ISRAEL IS AIDED IN THE FOLLOWING WAYS: (1) THE AVAILABILITY OF SUMMARY PROCEDURE FOR CASES INVOLVING A LIQUIDATED SUM OF MONEY WHERE THERE IS WRITTEN EVIDENCE TO PROVE THE CAUSE OF ACTION, (2) DIRECT EXECUTION OF NEGOTIABLE INSTRUMENTS WITHOUT COURT PROCESS, (3) PROVISION FOR A SMALL CLAIMS COURT WHERE PARTIES NEED NOT BE REPRESENTED BY COUNSEL AND ORDINARY RULES OF EVIDENCE DO NOT APPLY, (4) THE EXISTANCE OF GROUP LITIGATION, (5) LEGAL AID FOR THE POOR, (6) AN OMBUDSMAN TO ACT IN THE PUBLIC INTEREST, AND (7) MISCELLANEOUS PROCEDURES TO REDUCE COURT DELAYS. ALTHOUGH SPECIAL COURTS EXIST TO DEAL WITH PARTICULAR AREAS OF LAW, DELAYS IN COURT DELIBERATIONS HAMPER THEIR EFFICIENCY. SUCH DELAYS COULD BE ELIMINATED BY UNITING ALL OF THE EXISTING COURTS AND TRIBUNALS AND REPLACING THE EXISTING JURISDICTIONAL RULES BY MANDATING JUDICIAL ASSIGNMENT OF CASES TO THE VARIOUS COURTS. BECAUSE PARTIES IN A LITIGATION ARE PROVIDED WITH GENEROUS LIBERTIES IN SELECTING WHAT FACTS THEY WILL ALLEGE OR DENY AND THE EVIDENCE THEY WILL PRESENT AT TRIAL, JUSTICE IS OFTEN UNDERMINED AND COURT DELAYS OCCUR. COURTS SHOULD BE EMPOWERED TO INFLICT HEAVY FINES ON LITIGANTS WHO DISPLAY BAD FAITH IN THEIR PLEADINGS. FOOTNOTES AND TABULAR DATA ARE INCLUDED. (RCB)