This On Demand was recorded on 23 March 2022.

As the number of self-represented persons in our legal system increases, acquiring skills and strategies to effectively manage relationships with self-represented parties, and deal with the challenges which may arise in disputes involving self-represented litigants, is becoming increasingly important.

This On Demand will offer up strategies and practical insights into how lawyers can effectively deal with situations involving self-represented parties. It will particularly focus in on the challenges encountered by civil and commercial litigators, and those practising in criminal, family, and employment law.

Who should view?

All lawyers who encounter contentious matters involving self-represented persons.

Learning Outcomes

• Gain insight into the various challenges encountered by counsel when dealing with self-represented parties (particularly in civil, criminal, family, and employment law).
• Discover useful strategies to manage the increased burden for counsel and reduce the risk of loss (including of fixtures), delays and/or complications arising.
• Learn about the role of the court and the rights and duties of opposing counsel when a lay litigant is involved.
• Become apprised of the practical steps counsel can take to protect themselves and promote their clients’ interests when dealing with self-represented parties.
• Receive guidance on procedural considerations, including in relation to discovery, admissibility of evidence, objections, and costs.
• Learn how to better approach issues arising when engaging in settlement discussions with a self-represented party.
• Learn how to deal with querulant and vexatious litigants.
• Better understand the support roles that third parties might play (eg McKenzie friends and amici curiae) and the rights and responsibilities of the individuals in those roles.

Presenter Details

Presenter

Brian Carter | Barrister

Presenter

William Fotherby | Principal, Meredith Connell

Presenter

Joanna Trezise | Senior Associate, Russell McVeagh