Joint professional guidance published for lawyers on dealing with unrepresented people
The three main bodies for the legal profession have published joint guidelines for lawyers who come up against the growing number of people who find themselves in court without legal representation.
The Law Society, the Chartered Institute for Legal Executives (CILEx) and the Bar Council said various factors were behind the increase in people representing themselves:
- Cuts to legal aid;
- An increase in the small-claims limit and
- The introduction of employment tribunal fees.
“The practical guidelines are relevant to the civil and family courts and tribunals where there has been an influx of people who cannot afford to instruct a lawyer, have not been able to obtain free legal advice and often have no alternative other than to embark on 'do it yourself' justice,” the three organisations said.
The guidance covers a range of matters. These include:
- The professional and regulatory framework;
- Communication with a Litigant in person (LiP);
- ‘Unbundled’ services;
- Preparing for a hearing;
- Explaining your responsibilities to your client;
- At court: general considerations;
- Communication at court;
- Case management (including the possibility of a rule change being considered by the Civil Procedure Rules Committee for introduction in the summer of 2015);
- Adjournment and extension applications;
- Drafting orders;
- Failure to comply with case management/procedural orders;
- Vulnerable parties;
- McKenzie Friends (noting that the Judicial Executive Board is expected to consult this year on revised guidance to judges on McKenzie Friends);
- McKenzie Friends: rights of audience and conduct of litigation;
- McKenzie Friends: recovery of fees;
- Persistent unmeritorious claims/vexatious litigants;
- Applications to the Attorney General in relation to vexatious LiPs;
- Annex A: Guidelines for lawyers; Court guidance and related reports;
- Annex B: Help for litigants in person;
- Litigants in person – guidelines for lawyers: Notes for clients;
- Litigants in person – guidelines for lawyers: Notes for litigants in person.
The guidance can be downloaded from the Law Society, Bar Council and CILEx websites.
Law Society President Andrew Caplen said: "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."
Lord Dyson, Master of the Rolls, said he welcomed the publication of the joint professional guidelines.
"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,” the MR said.
"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."
