Top tips for representing yourself in court as a litigant in person

Representing yourself in court without a lawyer can be a difficult and stressful process. Here are some top tips from our Litigants in Person committee.

This guide will refer to the other person in the dispute as ‘the other person’. While there will be scenarios where this does not apply, this is intended to be capture as many as possible and no disrespect is intended if the term used does not apply to you and/or your particular scenario.

‘Legal representative’ may include (but is not limited to) a solicitor, chartered legal executive, paralegal, barrister).

General

  • Keep a full set (either electronic or paper depending on preference) of all correspondence and documents on your case.  A well-ordered ‘file’ from commencement of the case will stand you in good stead going forward.
  • While the other person’s legal representative  will endeavour to explain things in plain English, familiarise yourself with some of the terminology that you are most likely to encounter. We have compiled a glossary of legal terms to help you.
  • Treat the other person’s legal representative (and their staff) with respect and courtesy.  Remember, they are only doing their job!  Do not be offended if they ask you to put your position in writing.  This often minimises the risk of being misunderstood.  It is recommended that you read the guidance notes produced by the Law Society for those representing themselves, this provides guidance on what you can and should not expect from the other person’s legal representative.
  • Notify the other person’s legal representative and the court (if there are court proceedings) if you have any health or social barriers that would impact upon your ability to communicate or upon taking part in court proceedings, attending court (remotely or in person), eg language,  physical disability or a mental health condition.  Courts now largely deal with court papers electronically so if you don’t have access to a computer or lap top notify the other person’s legal representative  so that they are aware that they may need to provide you with paper copies of documents.
  • If you fail to comply with court orders then the court may penalise you, therefore if you cannot comply with a court directed deadline, let the court and the other person’s legal representative know as soon as possible and explain why providing details of the steps you have taken to comply.  When informing the other person’s legal representative let them know when you anticipate being able to comply and seek to agree an extension to the court directed deadline wherever possible.
  • If you are writing to the court or to any agreed/court appointed expert that may be providing a report in your case, remember to send a copy of the letter or document to the other person’s legal representative. Once solicitors are instructed, only communicate with the legal representative about the case, not the other person.
  • Don’t forget you can ask for representation at any stage of your case on a discrete point or generally. If you instruct a barrister under the Direct Access Scheme, make sure you give them all information relevant to your case with plenty of time before the hearing.

Prior to court proceedings and at court

  • Parties are actively encouraged by the court, both prior to court proceedings being issued and at all stages of proceedings, to engage in non-court dispute resolution (known as ‘NCDR’). This can include mediation, arbitration, evaluation of the case by a third party and collaborative law.  The courts have the discretion to adjourn hearings to allow for this.
  • Prior to proceedings being issued, and save in limited circumstances, usually where domestic abuse is involved, both parties are required to attend a Mediation and Information Assessment Meeting (known as ‘a MIAM’) in which these options can be explained in full and the suitability of each option assessed.
  • Prior to the first hearing both parties are required to complete and send to the court Form FM5 recording their views on NCDR and its suitability. The court require parties to keep the suitability of NCDR under review at all stages and can require them to send a new Form FM5 before any subsequent hearing.
  • A party’s failure to attend a MIAM or engage in NCDR without good reason may result in the court imposing a financial penalty on that party.
  • Every court is different and may adopt a slightly different procedure. If in doubt, ask the court staff, although they cannot give you legal advice.
  • Notify the court in advance if you have any practical barriers to participate in the proceedings, eg difficulty attending in-person hearings.
  • If the hearing is remote (ie one conducted by telephone or via video link rather than physical attendance at court) notify the court of any lack of technology/privacy.  Ensure that you have provided the court with your contact details to enable you to take part in the hearing and/or confirm these to the other person’s legal representative  for them to provide the court on behalf of the parties.  Do not however assume that they will do this on your behalf.  See our Guidance on remote hearings in the Family Court.
  • If the hearing is a remote video hearing, a link to join the hearing will be provided to the parties in advance of the hearing although very often not until shortly before the hearing is due to begin.  Make sure that you have received a link to join the hearing and if you are concerned that you have not, let the Court and the other person’s legal representative  know.  The Court typically send all parties a “test link” in advance of the hearing date, if you receive this it is recommended that you use it to check that it is compatible with your technology and to ensure you are familiar with the joining process.
  • For an in-person hearing (ie one which requires all parties to be physically present at court), ensure you arrive early to give yourself time to familiarise yourself with the building and find out where you need to be for your hearing. Check in with the usher on arrival and complete the sign in sheet.  If you manage to find a free consultation room, note down the number of the room on the sign in sheet so people know where to find you.
  • If you do not attend a hearing, whether held remotely or in-person, orders can be made in your absence.
  • Consider taking a friend with you to court for moral support. However, you will need to check with the court if they can come into the hearing with you.
  • Do not interrupt the judge during the hearing. The judge will give you a chance to speak.
  • Make the Court and/or the other person’s legal representative aware of any religious considerations, for example religious festivals; or any medical issues to be taken into account when the Court lists future hearing dates.
  • Ensure you understand any order made at court. If you have been ordered to do something in an order, you must comply with the order, otherwise the court may penalise you. If you do not understand the directions and/or order being made, ask the judge during the hearing to explain it. There may also be a free advice facility at the court such as the Support Through Court or Citizens Advice who can provide assistance in explaining your court order and what you must do next.
  • After the hearing ask the other person’s representative for a copy of the draft order that the court will ask them to prepare and sent to the judge for their approval. Once approved by the judge the court will send to all parties a court sealed copy of the order.  Make a note from the draft order  of any deadlines for directions as it may take the court some time to send out the approved order.

If you are represented but the other person is not

If you have a lawyer but the other person is unrepresented in court, it is important that your lawyer treats the other person with respect and sometimes they may need to provide assistance. This will help you in the long-term and here are some reasons why:

  • Your lawyer must treat the other person with respect. Not doing so, will only inflame the situation and make it harder to reach an agreement.
  • While they are acting for you, your lawyer has a duty to be courteous and respectful to the other person if they are acting in person and to respond to their communication as appropriate.
  • There may be more work involved in court proceedings and the court will expect the lawyer to take the lead (preparing bundles, instructing experts, etc.). This is more likely to save costs in the long run.
  • You may think your lawyer is being overly helpful by assisting the other person, but not doing so will cause delays which will ultimately increase your cost. Your lawyer isn’t advising them but is trying to save you time and money in the long run.
  • The judge may appear to give the other person more court time than you and your lawyer and seem overly helpful when addressing the other person. They are not “taking their side” but are trying to make the best of the  time spent at court.  By encouraging the other person to co-operate, the judge is minimising the risk of them feeling intimidated or “ganged up on” which could lead to them becoming defensive and further entrenched in their position.
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