English guides produced in response to surge in self representation

Although some restrictions have been introduced by SLAB in Scotland, legal aid south of the Border for family cases has been almost completely removed, leading to many people representing themself in court.

The Bar Council, Chartered Institute of Legal Executives (CILEx) and the Law Society have now produced guidelines for solicitors, their clients and people who are representing themselves in court (litigants in person/party litigants).

Lord Dyson, Master of the Rolls comments: ‘An increasing number of litigants in person are coming before courts and tribunals in all jurisdictions, and the challenge for all of us in the justice system is to make sure that everyone is treated equally, fairly and impartially and according to the law.’

‘This presents particular challenges for practitioners, with the interests of the client and the duty to the court seemingly coming into conflict. However, ultimately, a client is best served by a fair and transparent system.’

This challenge to practitioners applies equally in Scotland.  Lawyers have to tread a delicate line between not taking unfair advantage of an unrepresented person, while at the same time representing their own client.  In family cases there is also their duty to the court to seek things which are the best interests of the child or children in the case.

Arrangements for party litigants in Scotland are under review by the Scottish Civil Justice Council, who recently published a review of literature about party litigants and the support available to them.

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