You are not required to be represented by a legal professional in a court of law, despite this being the recommended route. People who go down this route are referred to as ‘litigants in person.’
Learn more about why seeking expert advice is recommended and how a lawyer could help you.
What Do Lawyers Do For You?
Generally, lawyers will assist you by analysing your situation, determining the merits of your claim and ensuring the proper court rules and procedures are followed. There are different types of lawyers which exist:
- Solicitors - these professionals will provide advice and guide clients through legal issues and are usually your first point of contact.
- Barristers - these experts will represent you in court and advise on specialist legal issues. They often receive cases through solicitors and are self-employed.
You are encouraged to obtain legal advice to avoid unnecessary delays and additional costs when it comes to your case which is in and of itself already a life-changing process.
Do I Need a Lawyer in Court?
You have the right to speak for yourself in court without a solicitor or other legal professional. You may choose to do this because you think it’s better to talk directly to the judge, jury, or magistrates yourself or you cannot afford to pay legal fees.
You will be known as a ‘litigant in person’ and possibly as an ‘applicant’, ‘respondent’ or ‘defendant’ depending on whether your case is heard in a family civil or criminal court.
Going to court without a lawyer is a risky business. Not least because of the lack of knowledge regarding the court processes. You would also be at a disadvantage when presenting your case as it might not be to the standard expected by the Courts. Where possible you should always obtain legal advice and/or legal representation to ensure you can best represent yourself and your case.
If you choose to represent yourself, you may be allowed to have someone to help you in court (McKenzie Friend) by taking notes and giving advice, but they cannot speak for you, interfere with proceedings, or sign documents on your behalf. Read more about what a McKenzie friend can and cannot do.
What is a Litigant in Person?
Litigants in person are individuals who choose to advocate for themselves in a court of law, without the engagement of legal advice of a barrister or solicitor.
Are The Courts More Lenient to Litigants in Person?
Unfortunately, the answer is no. Mainline Pipelines Ltd v Phillips & Anor, which was concerned with a claim against two individuals regarding the use of land involved such ‘litigants in person’. His Honour Judge Paul Matthes stressed that defendants who represent themselves should not expect any special treatment. He noted that the first litigant in person had addressed him with courtesy and with care. However, the fact that he was not a lawyer resulted in his arguments being of limited assistance when considering the legal questions at hand.
The mere fact that you are representing yourself does not excuse you from complying with the rules and procedures of the Courts. Therefore, as it occurred in this case, failures to comply with such rules delay the litigation process and may incur more cost than if legal advice had been taken.
His Honour Judge Paul Matthes further states that: 'Many litigants in person (though not the defendants in this case) seem to think that it is the judge’s job to look after their interests, or at any rate that the judge will do this, and even advise them what to do. But the judge cannot do any of this. The judge maintains both independence from the parties involved and impartiality in their dealings with them. The parties must arrange for their own legal advice.’
The principle that civil procedure rules apply equally to defendants who represent themselves was established in the 2016 case of Barton v Wright Hassall, which involved a claim alleging professional negligence against a law firm. The Supreme Court ruled that representing yourself in court did not justify allowing for a lower standard of compliance. The only exception to the usual standard applying to litigants in person would be if the rules and practice direction are particularly inaccessible or obscure.
This is due to the fact that such defendants have had every opportunity to get legal advice and should not be relying on the court to accommodate their decision to not obtain legal representation. ‘It is their responsibility, in choosing to take part personally in formal legal proceedings, rather than by way of professional legal representation, to make themselves aware of the relevant procedural rules, and to follow them,’ said the judge in Barton.
What If I Cannot Afford Legal Representation?
His Honour Judge Paul Matthes further points out that there are many published textbooks and handbooks on civil procedures in libraries. There is also a vast amount of information online available on the Ministry of Justice website, websites full of case law, and those who offer free legal advice such as Citizens Advice, or the Law Society.
Additionally, there is also Advice for Litigants in Person which is provided by the Courts and Tribunals Judiciary and provides links to a variety of resources.
If you're contemplating self-representation due to financial constraints, explore the possibility of qualifying for legal aid as an alternative. Additionally, we have further information on our website regarding how you can fund your case with us.
If you have any further questions, please feel free to reach out to any of our solicitors for more information.
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