A Lawyer's Duties to an Unrepresented Party

Author: Lorna Elliott

If you are representing yourself in court, you may be worried about what to expect. ‘Litigants in person’ as they are called, often appear on their own behalf out of necessity. Although you may not think it at the moment, it can in some circumstances be quite advantageous to represent yourself. You know your case better than anyone else, and the judge and the lawyer for the other party have to help you to understand the legal issues in your case.

The Judge’s Duty

When dealing with a litigant in person it is a judge’s duty to ensure that they are not disadvantaged. In practical terms this means that the judge will often explain the law to you, and any procedural aspects that you need to understand for the purposes of the hearing. If the other party is represented by a lawyer, they also have to ensure that they point out not only the elements of the law that assist their case, but must also tell you the law where it assists your case (i.e. that is detrimental to their own case.)

Duty Of The Other Side’s Lawyers

Lawyers representing the other side have to balance their obligations to their own client while not taking unfair advantage of an unrepresented party. This may mean that the lawyer has to limit their duty to act in the best interests of their own client. Although the lawyer has to help you to a certain extent, they must also be careful that any assistance you provide does not create a contractual relationship between you and the other side’s lawyer. This may happen, for example, if they provide advice that you subsequently act upon.

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Difference Between Barrister And Solicitor

The exact nature of the duty that a lawyer owes to an unrepresented party depends on whether the lawyer is a barrister or a solicitor. A solicitor’s overriding duty is to his or her client. A barrister’s duty, however, is somewhat different. A barrister owes equal duties to the court and to his or her client. This means, for example, that a barrister cannot knowingly tell a lie to the court on behalf of his or her client. This extends to you as an unrepresented party. A barrister cannot therefore make a statement to you that they know to be false. If they unwittingly tell you something that is not true, they have to tell you as soon as they become aware of it.

Conduct Of A Litigant In Person

If you are representing yourself in court and the other party is represented, it is important that you do not consider the other side’s lawyer to be your ‘enemy.’ Lawyers in this country are well trained at dealing with litigants in person, and are under a duty to be able to assist you with understanding procedure and legal concepts where applicable. The judge or magistrate hearing your case will also have experience of dealing with litigants in person, and will be able to help you with anything that you are unsure of. If there are elements of your case that they consider you have not covered fully, or if there is more information that they require, they will as you for it.

Seeking Legal Advice

In some circumstances, you may arrive at court and the nature or complexity of your case may be such that you really would benefit from seeking legal advice before pursuing your case. This may happen if, for example, your case raises significant technical legal questions, or if you may be eligible for legal aid but didn’t realise it, or if pursuing your case may mean that you are eligible to pay substantial costs of the other side if you lose (for example, a claim for judicial review). In these circumstances, it is up to you whether you decide to seek advice or not, but it is well worth giving the matter some consideration if in particular the judge advises you to do so.

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16 Comments

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Steven Mckenna 7 Mar 2022

Mr Godfrey has lied to the court a number of times about my case I have the evidence to prove this statement what can I do

John 16 May 2021

My ex wife committed perjury during the financial hearings as known by her barrister who also represented her in the child hearings and was therefore in full knowledge. She has under his advice breached the financial order ( in text messages). But these people seem to be above the law, and despite reading the judge has a duty to help me as I have to represent myself having no money, they actually look at you as vermin. I borrowed £2000 for advice from a solicitor who did nothing but waffle about how clever he was, and another £1600 for a barrister who was so weak in the hearing my 88 year old mother could have done a better job. And now another £2400 to a so called expert barrister who obviously hadn't even read the papers he asked for, for our telephone conference. So the question is, are there any truly dynamic and honest barristers out there who actually care about the client as much as their ego and the money?

Is 1 Oct 2020

Three years ago my mum died and left me her estate. Her will was contested by estranged adult ex step sons. I could not afford legal representation. Mums solicitor executors forced me to issue proceedings. The step sons hired a high ranking barrister who completely highjacked my hearing and deliberately lied in court. The judge completely facilitated the barrister and I was awarded adverse costs for proving my mother's will in solemn form of the law. The step sons waited until the last day of limitation and entered an inheritance act claim. I now have a barrister however this opposing barrister has absolutely ruined my life for the last 3 years. The trial is still pending. So much for British justice and fair treatment of lips.

Litigant in person 25 Aug 2020

I am a solicitor (non-litigious) but acting as a litigant in person in financial remedy proceedings. At the FDA my wife's barrister excluded a determination made by the judge relating to the instruction of a joint expert in relation to potential dissipation of assets of almost £1 million from my wife's company. In the order drafted by my wife's barrister for the court the barrister did not include any reference to the joint report explaining the missing £1 million. Subsequently the FDR hearing had to be adjourned as the joint instruction letter to the joint expert could not be agreed due a disagreement about the wording relating to the expert reporting on the missing £1 million. My wife's solicitor issued a S25 application to try and exclude the joint expert reporting on the missing £1 million and sought a £10,000 cost order against me as the FDR would have to be adjourned. At the adjourned FDR hearing (a virtual hearing) another judge ordered that the joint expert should report on the missing £1 million and reserved the issue of costs. However my wife's barrister emailed me the draft the order which included a paragraph stating that the FDR was adjourned solely due to my default without any mention of his client's failed S.25 application and where the judge never even mentioned that the FDR was adjourned because of my conduct. I suspect the barrister drafted the order in this prejudicial way to try and recover the £10,000 costs claimed from me at a later hearing. In effect my wife's barrister did not draft the order strictly in the terms determined by the judge at the hearing but included an additional paragraph prejudicial to me never even suggested by the judge while omitting the fact that his client's S.25 application was successfully opposed by me. Is the drafting of the court orders by this barrister a breach of any bar standards and if so what bar standards have been breached? Is this a breach of a barrister's duty to the court? While I have past litigation experience (over a decade ago) and am able to stand up for myself I am worried this barrister may try and draft court orders in his clients favour in future when dealing with less informed litigants in person.

Litigant in person 25 Aug 2020

Bullo 23 Oct 2019

My own barrister I hired lied throughout the court of appeal proceedings. I have only just discovered . I have all the evidence of his shameful act . He was very lazy . He failed to file what was given to him and even worse misled the judges . I have all the documents to support his lying and deception. The barrister of the other side lied as well . She is evil . A very spiteful dishonest person . The two must have got together to collude in court . Fortunately I took my brother with me each time I saw this man . It’s pretty disgusting how he made things up to my detriment. The judges were very nice . But were misled . I am putting in a a3 form to have the costs assessed . ( there is no time limit . I realise that’s cost assessments are not a forum for the court room wrong doing . But it needs to be brought up for public awareness .

Migisha kaggwa birah 23 Aug 2018

What link can some one visit to have more education on solistors ? Thank you

stella 1 Dec 2016

I have found that my solicitor had relationship with my ex during the acrimonious court case , SRA said she reported herself ( before her withdraw ) but the hotel's bills and others evidences shown that they had relationship long before she withdraw herself. I am in proceeding to complaint with SRA and on the same time , I want to take her for the professional negligence because she had helped my ex husband submitted the fraud evidences ( my confidential ). Do I have a ground for that? Please help.

Are tapl 28 Jun 2016

Can a barristter or solicitor mislead the court 1 providing ia bundle that does not include documentation supporting the claimant? 2 Solicitor making false representation to the court

Justjames 23 Jun 2016

A barrister representing my ex partner has I believe committed many abuse of procedural and has deliberately mislead the court. I can't find the relevant terminology and what to do about it. 1) a transcript of a 2 hearings were obtained to prove a judge had failed in his duty and used to get a appeal. Hearing 1 was my application and the judge found in my favour Hearing 2 was an enforcement of the order which my ex was in contempt of court Neither of us were represented at this point. The barrister in court on the 3rd hearing in front of a different judge said "I have recieved the transcripts yesterday and not had time to include them in the court bundle" (so the judge had not had sight of them.) On this day the barrister indicated that events from the second transcript happened in the first hearing. At a Later hearing only the first transcript was included. What I didn't realise was that the second transcript contained a request for an appeal by my ex that was denied, by not presenting it the new Judge granted an appeal which is if course incorrect. The matter needed to be referred to the appeals court. Additionally the barrister used an argument that events from the second transcript happened at the first hearing, she then retracted this 2hrs later in the same hearing. We then went before another judge and the barrister reused this argument indicating it happened in the first hearing. Advice/opinions please Thanks

CourtroomAdvice Editor 22 Jun 2015

@saxjoe _ I have included a link to the Bar Standards Board - How to Make a Complaint here . I hope this helps.

saxjoe 19 Jun 2015

if the other sides barrister has lied and i can prove it what should i do

CourtroomAdvice Editor 12 May 2015

@Anthony - I'm afraid you would have to speak to the barrister/legal firm you have employed directly as ask if there is an alternative option.

Anthony 10 May 2015

I have a case coming up in 1 June I have discovered the cost of a barrister Is 26,000 For five days I can afford this How can I get a duty barrister to assist What do I need to do

Wide Awake 7 Apr 2015

Pure Theory. Judges are former barristers and are condescending towards Self-represented Litigants viewing them as Non-Union Members who can be raduced by the Union Members. You have to know your facts and stand your ground against snide and disparaging behaviour, and watch out for lawyerly tricks. In the main lawyers are not very bright but are amoral and ready to cheat. Watch out for the so-called "neutral" Case Summary which leaves out relevant facts. Watch out for the Masons too. It is very rare to find a competent honest lawyer, but you are more likely to find an honest lawyer than you are a competent lawyer. They are terrified of educated professionals with disciplined rational minds and high levels of organisation who expose their short cuts and the sly telephone calls between lawyers selling out client interests for personal gain

tim 26 Apr 2012

The best advice on this page is the sentence in the bottom left hand corner!

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