The phrase
"such litigants" refers to people who are involved in a legal dispute or lawsuit.
Full definition
It seems to me that whenever we talk about litigants without counsel, the conversation inevitably veers toward the delays, costs and other
inconveniences such litigants impose on court and counsel, and the sort of public legal education that might be provided to smooth the stormy seas.
In order for the system to work,
such litigants not only need tools, information, assistance and in certain instances a lawyer, but they also need a court management system that identifies when they need help, and gets it to them at that point, otherwise the system clogs up.
Although there may be a hybrid approach which lies somewhere in the middle of these two options, it is clear that the present system is inordinately complex, requires enormous funding to maintain, and is largely inaccessible to litigants without counsel at a time
when such litigants are flooding the courts.
Legal opinions might be furnished as to
how such a litigant might fill the evidentiary gaps in their case; case law research may be provided; factums may be drafted; or, as stated above, the lawyer may be retained specifically to attend court as an agent — and not as the lawyer «on file» — to argue a litigant's motion on the date of the hearing.
I do this as part of my pro bono work because I believe the family court is ill equipped to handle cases involving pro se litigants and I believe
helping such litigants navigate the system serves the public good.
No longer could a litigant satisfied with the result of the temporary order rest on that order until the other side took action;
now such litigants needed to reach a final resolution of their cases.
To ensure that
such litigants receive appropriate representation, the court has recently amended Local Rule 83.10 to encourage more lawyers to accept pro bono appointments.
Where a tribunal is insufficiently alert to its responsibility in ensuring that
such a litigant is properly informed of their rights to rectify certain procedural deficiencies on their part, the tribunal's decision might be subject to an appeal based on a denial of procedural fairness.
However,
such litigants should not think of the retainer of legal services as an all - or - nothing proposition.
Professor Macfarlane, writing about litigants who could no longer afford to retain counsel, observed that «it was not unusual for them to still owe money to their lawyers and to be paying this back in instalments» and that
such litigants were «often resentful that, despite significant expenditures, they were still not at the end of their matter.»
Such litigants will have an especially hard time focusing on the legally important issues and evidence.
I suspect that to
such litigants, the BC hearing fees can represent a significant expense, and perhaps a prohibitive one in some cases.
Such litigants require time, patience and the careful and judicious employment of the court's powers; it is not surprising that such litigants do not bring out the best in the judiciary.