Otherwise, if one side had a contract drafted by a lawyer and the other side didn't, the contract would be construed in favor of
the unrepresented party in cases of ambiguity.
Not exact matches
Once the «
in court» part of a
case is completed, a judge dealing with
unrepresented parties then needs to arrive at an appropriate decision without having the benefit of receiving at least one lawyer's submissions.
According to a report released
in 1998 by a Boston Bar Association Task Force,
in some Massachusetts counties, more than 75 percent of the
cases in Probate and Family Courts have at least one
party unrepresented.
A common barrier to equal justice for
unrepresented parties is that both judges and court administrators are often ill prepared and ill equipped to provide such
parties with the sufficient legal information they need
in order to present their
cases to the best of their abilities.
«A represented
party is entitled to every possible and reasonable leeway to present a
case in its entirety and... strict mechanical rules should be relaxed for
unrepresented litigants.»
For example,
in San Diego, the number of
unrepresented parties in family court
cases went up 70 percent
in 2004 from 54 percent
in the early 1990s.
Indeed, the frequent use of worked examples throughout the Handbook, using short
case summaries and applying points made prior
in the chapter to those assumed facts, are likely to be of great help to
unrepresented parties struggling to follow the workings of the tribunal, particularly when faced with a professional opponent.
Consideration should also be given to whether the reporting or disclosure restrictions will provide sufficient protection from the risk, whether the safety of the
parties in cases where the court considers there are particular physical or health risks against which reporting restrictions may be inadequate to afford protection, and the extent to which the court should, of its own motion, take steps to protect the welfare of any vulnerable adult or child who is
unrepresented before the court.
Using those criteria, the number of
cases involving
unrepresented parties was four
in 2004 with three of them brought by people with counsel.
However, every
unrepresented party to a divorce
case I have ever met would have benefitted from having a lawyer
in at least some capacity.
The removal of legal aid has led to a rise
in unrepresented litigants, with a 30 % rise increase across all family court
cases in which neither
party had legal representation.
Before
unrepresented parties may appear
in Provincial Court, they will be required to attend a
case flow conference.
More than fifty percent of all
cases in the Family Division have been reported as involving at least one
unrepresented party.
In some
cases, the courts have found that a licensee's actions led an
unrepresented party to believe that the licensee was acting on their behalf.