Self-Represented Litigants: Challenges & Solutions (Paper)

Presenters:

Brian Carter, Barrister, Bastion Chambers

William Fotherby, Principal, Meredith Connell

Joanna Trezise, Senior Solicitor, Russell McVeagh

Synopsis:

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.

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

These materials will help you:

• 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.