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A surge in the number of DIY litigants has prompted legal profession leaders to publish guidance to help lawyers deal with unrepresented litigants.
The 28-page guide, produced by the Bar Council, Law Society and Chartered Institute of Legal Executives, told lawyers to adopt a “professional, co-operative and courteous approach” to litigants in person (LiPs).
It said lawyers should “communicate clearly” and “avoid any technical language or legal jargon” that might intimidate and antagonise already disadvantaged litigants.
Lawyers are further advised to “avoid using inflammatory words or phrases that suggest or cause a dispute where there is none, or inflame a dispute, and avoid expressing any personal opinions on the LiP’s behaviour”.
The guide assists lawyers on how to help LiPs without putting themselves in breach of their duties to their own client. It deals with issues including correspondence, telephone calls, drafting and adjournments.
Chairman of the Bar, Alistair MacDonald QC, said: “The people who lose out most from the rising tide of litigants in person are the litigants themselves.
“It is one of the worst outcomes of the legal aid cuts that people facing major life events such as a family break up, have little choice but to put their case alone and without legal support or representation.”
A surge in the number of DIY litigants has prompted legal profession leaders to publish guidance to help lawyers deal with unrepresented litigants.
The 28-page guide, produced by the Bar Council, Law Society and Chartered Institute of Legal Executives, told lawyers to adopt a “professional, co-operative and courteous approach” to litigants in person (LiPs).
It said lawyers should “communicate clearly” and “avoid any technical language or legal jargon” that might intimidate and antagonise already disadvantaged litigants.
Lawyers are further advised to “avoid using inflammatory words or phrases that suggest or cause a dispute where there is none, or inflame a dispute, and avoid expressing any personal opinions on the LiP’s behaviour”.
The guide assists lawyers on how to help LiPs without putting themselves in breach of their duties to their own client. It deals with issues including correspondence, telephone calls, drafting and adjournments.
Chairman of the Bar, Alistair MacDonald QC, said: “The people who lose out most from the rising tide of litigants in person are the litigants themselves.
“It is one of the worst outcomes of the legal aid cuts that people facing major life events such as a family break up, have little choice but to put their case alone and without legal support or representation.”
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Switching from a physical blue book to OneNote is simple, secure and game-changing, says Elizabeth Bowden – you’ll wonder how you managed without it...
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
