*/
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.”
Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad
A comparison – Dan Monaghan, Head of DWF Chambers, invites two viewpoints
And if not, why not? asks Louise Crush of Westgate Wealth Management
Marie Law, Head of Toxicology at AlphaBiolabs, discusses the many benefits of oral fluid drug testing for child welfare and protection matters
To mark International Women’s Day, Louise Crush of Westgate Wealth Management looks at how financial planning can help bridge the gap
Casey Randall of AlphaBiolabs answers some of the most common questions regarding relationship DNA testing for court
Maria Scotland and Niamh Wilkie report from the Bar Council’s 2024 visit to the United Arab Emirates exploring practice development opportunities for the England and Wales family Bar
Marking Neurodiversity Week 2025, an anonymous barrister shares the revelations and emotions from a mid-career diagnosis with a view to encouraging others to find out more
David Wurtzel analyses the outcome of the 2024 silk competition and how it compares with previous years, revealing some striking trends and home truths for the profession
Save for some high-flyers and those who can become commercial arbitrators, it is generally a question of all or nothing but that does not mean moving from hero to zero, says Andrew Hillier