Unrepresented litigants in family courts.

• Author: Christopher, Michelle
• Position: Family law

More and more often, people are arriving at family courts without lawyers. While some may wish to represent themselves, the difficulties are significant. For example, many lay people are unaware that there are official Rules of Court, along with the guidelines or practice notes which are issued from time to time by the Chief Justice. For lawyers, the Rules of Court provide a road-map to litigation, from the beginning of a case to the almost inevitable post-trial wrangling over costs. To an unrepresented litigant, however, the Rules present an impossibly complex and antiquated system for getting into court in the first place and for staying in court long enough to get anywhere close to resolution of any given problem. Unfortunately, historically, there has not been much assistance for the lay person who attempts to represent him or herself.

Usually, the people without lawyers cite cost/cash flow problems, ineligibility for Legal Aid and/or the lack of affordable legal services as the main factors in the decision to appear without counsel, representing themselves in legal proceedings at all stages. It is tempting to dismiss these litigants as "having a fool for a client", according to traditional legal humour on the point. However, as more and more people are choosing to come to court without legal assistance in recent years, this has placed a tremendous burden on all levels of the judicial system. The cost of administering the courts and delays in doing so have undoubtedly increased as a result. Instead of filing and processing documents for court, court counter clerks are called upon to explain pleadings and even assist in drafting them, while others wait and wait to be called up to file properly completed documents. Lawyers must sit in Chambers and waste valuable time waiting for their matters to be called while the Rules of Court are explained to people who have never heard of them. Judges, whose role and independence can be compromised by appearing to be in the position of giving legal advice from the bench, must also turn away people seeking relief when they have not followed the proper procedures in drafting or serving pleadings, or when they seek assistance or relief which is outside the jurisdiction of the court. Occasionally unrepresented litigants have been so frustrated at being turned away from court, with matters adjourned for reasons they do not fully understand, court security services have been called to assist with anger...