Judges feel swamped
with unrepresented litigants and they have every interest in supporting them up to — and perhaps sometimes a little beyond — the line between providing legal information / advice and legal advice / representation.
The fact that Siaro will be a platform that is utilised by, but independent of, the lawyers may allow for a more informed and trusting dialogue
with unrepresented litigants.
Many courts also offer training to judges on dealing
with unrepresented litigants.
(2) Courts are clogged
with unrepresented litigants; judges» having to help such unrepresented litigants contradicts a judge's appearance of impartiality when one party is represented by counsel and the other is not.
The system right now is a mess, with the courts overflowing
with unrepresented litigants — a service like RTR's could greatly alleviate that.
The fervor with which they pursue their claim (often their life's sole focus, often misconceived, and often containing vexatious and extreme allegations against your client), and their lack of objectivity, significantly increase the costs of litigation for the defendant...» (Layperson vs. Lawyer: Dealing
with Unrepresented Litigants http://www.cle.bc.ca/onlinestore/productdetails.aspx?cid=1039) Hmmm... sound familiar?
Some of our toughest cases happen when we have to deal
with an unrepresented litigant.
In the most recent incident, a 43 year old Arizona lawyer and his client were shot and killed immediately following a mediation meeting
with an unrepresented litigant over a $ 47,000 office cubicle contract.
Not exact matches
Although there are many, many examples of this, another recent case, this time from the Ontario Court of Appeal, shows that
unrepresented litigants — who are generally unfamiliar
with legal procedure — can unwittingly deprive themselves of the opportunity to assert their rights or put forward helpful evidence at the appropriate procedural juncture.
Providing them
with solid legal information up front will benefit not only those who don't have legal representation but the whole court system as
unrepresented litigants will be better able to manage their cases.
; citing: Andre Gallant, «The Tax Court's Informal Procedure and Self - Represented
Litigants: Problems and Solutions» (2005), 53 Canadian Tax Journal 2; and, Anne - Marie Langan, «Threatening the Balance of the Scales of Justice:
Unrepresented Litigants in the Family Courts of Ontario» (2005), 30 Queen's L.J. 825, «the author cites data compiled by the Ontario Ministry of the Attorney General, which show that in 2003, 43.2 percent of applicants in the Family Court Division of the Ontario Court of Justice were not represented by counsel when they first filed
with the court.
With up to 70 % of civil
litigants and 40 % or more of family
litigants unrepresented in our courts *, there are many, many individuals (the «non-clients») who have a considerable stake in the future of the legal profession but who would not be included in a lawyers» debate about what clients want.
As a result, despite the inconveniences enuring to the mutual discomfort of bench and bar, I am hard pressed to conclude that there is anything fundamentally wrong
with the growing presence of
unrepresented litigants; the situation is infelicitous, to be sure, but not iniquitous.
... costs borne by society at large include: costs associated
with delays in court and administrative proceedings; increased court operation costs attributable to
unrepresented litigants and accused; and, more broadly, costs associated
with legal problems that are not resolved in an acceptable manner (including increased health care costs, increased social assistance costs and so on).
Legislation is vast and complex
with serious distributive consequences outside of the particular proceeding for
unrepresented litigants, he noted.
[The trial judge] failed to comply
with that obligation when he failed to advise Mr. Watterson [the
unrepresented litigant] that he could request an adjournment for the purpose of preparing to cross-examine [the other party's] witnesses, or for the purpose of summonsing witnesses in response to [the other party's] witnesses or preparing to testify himself in response to their evidence.
For instance, in their dealings
with self - represented
litigants, opposing lawyers can and often do take advantage of the
unrepresented parties» insecurity over, and ignorance of, court rules and procedures.
... It does require that the trial judge treat the
litigant fairly and attempt to accommodate the
unrepresented litigants» unfamiliarity
with the process so as to permit them to present their case.»
I think I speak for all family lawyers when I say it is our wish to deal
with represented
litigants because
unrepresented litigants often have the wrong view regarding lawyers in general and how lawyers are most often trying to «trick» or «bully» them.
Perhaps the strangest panel was The Unstable Pro Se
Litigant: Strategies for Ethically Dealing
with the Difficult
Unrepresented Litigant, on the dangers of allowing regular people to come into court.
Although he acknowledged that it is impossible to prove, Lord Dyson stated that it is «inevitable» that there will be cases where an
unrepresented litigant has lost a case which they would have won
with competent legal representation.
The Manhattan CLARO Project addresses the needs of
unrepresented debtors who are being sued by their creditors, by providing pro se
litigants the opportunity to meet
with an attorney to discuss their case and obtain limited legal advice.
When: Every Wednesday from 10:00 am — 12:00 pm and 1:00 pm — 3:00 pm Where: Civil Law Self - Help Center, Regional Justice Center, 200 Lewis Ave. Volunteer attorneys are needed to provide brief consultations to
unrepresented litigants with landlord / tenant issues.
[2] While the topics of those meetings varied, their principal focus was to discuss the obstacles that individuals and businesses face in obtaining legal services and to share ideas and experiences
with respect to existing and proposed innovations in the delivery of legal services and in legal education (for example, the use of technology to streamline court processes and / or assist
unrepresented litigants, [3] prepaid legal service plans, [4] limited scope legal services, [5] inclusion of technology - focused courses in a law school curriculum, [6] and a single point of entry into the justice system [7]...).
Both solutions will occur because the power of the news media and of the internet, interacting, will quickly make widely known these types of information, the cumulative effect of which will force governments and the courts to act: (1) the situations of the thousands of people whose lives have been ruined because they could not obtain the help of a lawyer; (2) the statistics as to the increasing percentages of
litigants who are
unrepresented and clogging the courts, causing judges to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing numbers of people being denied Legal Aid and court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping
with this problem which continues to grow worse; (6) people prosecuted for «the unauthorized practice of law» because they tried to help others desperately in need of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision of legal services, which is why they might block the expansion of the paralegal profession, and haven't effectively innovated
with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule of law, the Canadian Charter of Rights and Freedoms, and the whole of Canada's constitution be able to operate effectively and command sufficient respect, the majority of the population must be able to obtain a lawyer at reasonable cost.
Developed by CALI, in association
with Chicago - Kent College of Law, this freely available tool permits the creation by legal aid attorneys, courts other of «self - guided A2J interviews for use by
unrepresented litigants and others in need -LSB-... that] walk users through a step - by - step question and answer process, which, in the end, creates an (often otherwise confusing) legal form.»
RBC lawyers in New York, Minneapolis, Atlanta, Toronto, and London volunteered a record 1,020 hours of pro bono time in the past year by assisting
unrepresented litigants in civil matters, acting as designated representatives for unaccompanied minor children, assisting cancer patients
with legal rights, and assisting foster parents
with the adoption of older youths.
As for family law, the paper notes that the Cooperative, an ABS
with a social mission, has not been able to halt the massive increase in
unrepresented litigants arising from the legal aid cuts of 2013 despite being one of the largest providers of family law services.
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.