Canon Law Professionals

Advocacy

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Canon Law allows a person to freely appoint an advocate that is qualified and approved. This person must be properly skilled in the field of canon law and should have a degree in canon law. The advocate represents the client in a canonical procedure. The advocate assists the client, but also is committed to seek the truth in any situation.

Having a canonical advocate is not always necessary nor does it always lead to some type of confrontation. Many people find the use of canonical counsel important as they try to understand Canon Law and the particular action that is swirling around them. Whenever one’s rights are threatened in any way within the Church, one is prudent to engage a canonical advocate as soon as possible.

Most people come in contact with Canon Law through a case regarding the question of the invalidity of a marriage. As either the petitioner or respondent in the case, they are asked to present certain information to the Tribunal in order that the case may be heard. In either of these roles, an advocate can be helpful to the party to ensure that they fully understand the issue being examined by a Tribunal and that they are able to present their information in the best manner possible.

Others find themselves confronted with Canon Law when they are involved in an allegation of some sort of misconduct or are involved in some dispute with representatives of the Church. Clergy or religious may find themselves accused of various types of misconduct in their functioning. Some persons may have been harmed in some way by the misconduct of a representative of the Church. Other persons may find themselves at odds with their pastor or with the diocese over some issue. Still others may simply want to understand Canon Law before they offer a gift or leave something to the Church in their will.

Marriage Cases

Many Tribunals offer parties the services of local advocates. These advocates are often specially trained to help those seeking a declaration of invalidity for a previous marriage. Often, advocates for a particular diocese are the priests, deacons, and pastoral ministers (laity or religious) who work in parish communities. While the first step in any procedure about the invalidity of a marriage should be to contact one of these people, no one is bound to work only with them. A person may freely appoint their own advocate whom they feel will assist them most effectively.

Canon Law Professionals can offer advocates to assist those in need. We have worked in both first and second instance Tribunals and have assisted both Petitioners and Respondents in cases.

Petitioners are those who have come before the Church Tribunal and have asked that their former marriage be examined. They are alleging that, for some reason, this union should be declared invalid. They are not denying that the marriage ever occurred. Neither are they arguing that the reasons for the divorce are the same reasons for declaring the marriage invalid. An advocate can assist petitioners in presenting the pertinent evidence necessary to support their claims.

Respondents are those who have not come before the Church Tribunal of their own accord. They may be willing participants. They may wish to argue for or against the invalidity of their previous marriage. An advocate can assist respondents in presenting pertinent evidence necessary to support their claims.

Generally, the above situations are found in the First Instance, or local Tribunals. However, once a decision is rendered by the First Instance court, the case may be appealed by either party to the Second Instance Tribunal, usually a nearby diocese that acts as an appellate court. Since both parties may appeal a decision that is rendered, an advocate can assist the parties in preparing the appropriate evidence that should be brought forward to support the appeal.

Canon Law Professionals can assist both petitioners and respondents in their local Tribunals and in the Second Instance (Appellate) Tribunals of North America.

Allegations of Wrongdoing and Misconduct

Misconduct of any kind while entrusted with an office in the Church is a terrible thing. Canon Law Professionals is able to ensure that a person is treated fairly and appropriately by the Church authority to whom they are subject. (Canon Law Professionals DOES NOT offer civil legal advice and DOES NOT interfere in any way with the civil proceedings that might be associated with misconduct.)

An advocate can assist a victim of wrongdoing to bring forward an allegation to the appropriate Church authority and to insure that the Church authority takes proper action.

An advocate can assist a person accused of wrongdoing or misconduct to go through the canonical processes which they are facing and to exercise the right of defense.

Members of Religious Institutes

Those in religious life sometimes face conflicts involving rights or duties. For example, Departure from a religious community is often a choice that people make, or, in some cases, have made for them. In either case canonical representation for the religious community and for the member helps ensure that all procedures are dealt with properly and fairly. Canon Law Professionals has advocates that have worked with both religious communities and members. We have worked with indults of excaulstration, departure, and dismissal.

Pious Bequests and Wills

Wills are the means many people use to bequeath funds to the Church. Most of the time, these gifts are freely given and freely accepted. They become a benefit to both the person giving and the Church receiving the gift. Ordinarily a civil attorney is the appropriate professional to prepare such a will. However, there are times when the person wishing to give a gift may want their gift used for a specific item (e.g., a new building) that the Church cannot use at the time. An advocate for the parties can help the parties come to a common ground that allows the gift to be used with the intent of the donor, but gives the Church the freedom to exercise appropriate discretion if it becomes necessary.

 


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