Even if the licensee
deals with the unrepresented party in an appropriate and professional manner, if the unrepresented party subsequently claims that the licensee gave them advice, or induced them to remain unrepresented, it will be a «he said, she said» scenario.
It is at this point that Commission administrative and legal staff can again spend time
with unrepresented parties in explaining next steps, even though all decisions issued by the Commission include additional instructions regarding further review and appeal options.
If you are speaking
with an unrepresented party who is interested in engaging you, and you are available and interested in working with them, you may have a lengthy general conversation about:
If legal aid can not raise its eligibility rates, and the Crown insists on pursuing charges on complex
matters with unrepresented parties, the court should contemplate greater use of other resources, including an amicus, to ensure that these trials are conducted in a fair and just manner.
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.
In practice, judges and court administrators fear that they might unintentionally cross the red line that divides the provision of legal information from the provision of legal advice — a potential complication that might arise any time a judge or court administrator
interacts with unrepresented parties to familiarize them with the applicable court rules for their case.
The objective of the program is for a volunteer attorney to be available at the Forcible Entry and Detainer (FED) Docket to
meet with unrepresented parties in the courtroom after the docket is called and, if necessary, to provide representation at the hearings or conferences which take place that same day.
In court a judge who
deals with unrepresented parties must go to considerable lengths and spend significant time ensuring the court process is understood by the unrepresented parties and remains fair to both parties.
Lawyers will find practical advice on how to conduct themselves at all levels of representation, the roles of various parties, how to avoid common pitfalls, practice tips on effective advocacy and drafting, and dealing
with unrepresented parties.
Though the Canadian Judicial Council in its Statement of Principles did not explicitly refer to the hazards of sharp lawyering when dealing
with an unrepresented party, it nevertheless advised that «Members of the Bar are expected to be respectful of self - represented persons and to adjust their behavior... in accordance with their professional ethical obligations.»
Every county court advocate has to deal
with unrepresented parties.
Part of Macfarlane's concern is around judges» attitudes and potential bias given what she says is their understandable difficulty in dealing
with unrepresented parties.
Any time a licensee deals
with an unrepresented party, the licensee should be very cautious and document in writing all discussions with the unrepresented party.