Concern about the rising numbers of people representing themselves has led legal professional organisations to collaborate on a set of draft guidelines for lawyers who find themselves pitched against litigants in person in court.
The practical guidelines refer to the civil and family courts and tribunals where there has been an influx of people who cannot afford to instruct a lawyer due to legal aid cuts, the increase in the small-claims limit and the introduction of employment tribunal fees. They have been developed by the Bar Council, Chartered Institute of Legal Executives and the Law Society.
The guidelines discuss how far lawyers can help unrepresented people without this conflicting with their duties to their own clients. Lawyers are advised to communicate clearly and avoid technical language or legal jargon, or to explain jargon to the unrepresented party where it cannot be avoided.
Law Society President Andrew Caplen says: “Cuts to legal aid and increases in court fees have forced more and more people into 'do it yourself' justice, where they find themselves dealing with unfamiliar procedures in busy courtrooms whilst trying to resolve often life-changing issues regarding their families, their homes and their futures.
“We recognise the difficulties that people face in these circumstances and the consequent challenges created for lawyers acting for represented parties. We hope that these guidelines will help everyone concerned with cases involving self-represented litigants, but would again emphasise that the cuts to legal aid need to be urgently reviewed by the incoming Parliament.”
Welcoming the initiative, Lord Dyson, Master of the Rolls, says: “An increasing number of litigants in person are coming before courts and tribunals in all jurisdictions, and the challenge for all of us in the justice system is to make sure that everyone is treated equally, fairly and impartially and according to the law.
“This presents particular challenges for practitioners, with the interests of the client and the duty to the court seemingly coming into conflict. However, ultimately, a client is best served by a fair and transparent system.”
The Bar Council also produced a booklet for litigants in person in 2013, A Guide to Representing Yourself in Court.
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