- "Who is on the other side?"
Often a question that is asked between lawyers at our office when we are trading stories or talking about a file. More often we are replying with "It is a Self Rep". We cringe a bit, feel some empathy for the other lawyer who is dealing with a non-lawyer and then we continue to talk about the file.
"Self Rep" is short for self represented litigant. Someone who does not hire a lawyer to help navigate the sometimes bumpy waters of litigation.
This summer I attended the Federation of Law Societies National Family Law Conference in Whistler, BC. An overarching theme of the program was access to justice. The program was attended by over 500 family law lawyers and members of the judiciary from across Canada. Professor Nicholas Bala of Queen's University and lawyer JP Boyd circulated a survey during the conference relating to Self Reps. The results of the survey were part of an article published in the September 26, 2014 edition of The Lawyers Weekly. Some of the results included:
- 46% of judges' cases have self-represented litigants;
- 78% of respondents indicated an increase in self-represented litigants in the last 3 years;
- 83% of respondents said settlement before trial is less likely when one party is self-represented;
- 47% of respondents said settlement is less likely when both parties are self-represented;
- 90% of respondents said self-represented litigants cause delays because of unfamiliarity with the law of evidence, rules of court, general procedure, and the laws or legislation deal with there case.
The Self-Reps are not the issue.
If you want to represent yourself you can. In fact, some Self-Reps do homework and are impressive in court.
Rather than complaining about the Self-Reps why not assist them?
We mandate parents attend a Parenting After Separation course to manage co-parenting after they split up. If someone wants to be a Self-Rep why not mandate a course that is required to help them get ready for the road ahead. It may convince some that the task will be an arduous one and a professional is the route to go. Ontario has allowed Paralegals to assist on Real Estate transactions. Perhaps Paralegals in a family law context is an option.
The wheels of justice move slowly. Sometimes they don't feel like they move at all.
The system is broken. It is decaying.
But the Self-Rep is not to blame. Most of the Self-Rep's are a product of the broken system. Too rich to qualify for legal aid. Not enough money to pay a lawyer.
Access to justice is a large issue. However, the average citizen, who has no need for the legal system, glosses over the issue. Like anything else - don't use it, don't care about it.
Healthcare has an impact on us all. The legal system not so much.
Until you are knee deep into the legal system you cannot realize how broken it is. The wait to have two hours in front of a Court of Queen's Bench Justice is about 4.5 months.
Politicians do not seem to care.
More judges, more prosecutors, more money for Legal Aid does not win you elections.
Building roads does