Since the removal of legal aid for most private law family cases, there has been a dramatic increase in the number of people choosing to represent themselves at family hearings. The Telegraph has reported that Divorce Courts are now beginning to grind to a halt, with an average divorce now taking significantly longer than it would have done only a year ago.
The effect of this increase in litigants in person has affected not only the length of time it takes for their case to conclude, but also the result. The Commons Justice Committee has recently heard from Susan Jacklin QC that since the cuts, where one party has been unrepresented, many barristers feel the outcomes haven’t been fair for non-represented parties.
Litigants in person face obvious difficulties in navigating the law, preparing their case and marshalling their information and arguments in court. As Andrew Barton, a partner in the Family Team at Stephens Scown explains, “These are areas where the support usually provided by a lawyer would likely make a massive difference to the case. Even just an initial couple of hours’ input from a lawyer to calibrate expectations would be invaluable to the client looking to represent themselves in Court”.
The lack of this crucial advice can very often set a litigant along the wrong path. “Take the concept of fairness for example. Many litigants in person in divorces approach cases from the point of view of what they would consider fair, and not necessarily what the Court would regard as fair. It is through their knowledge of the law and experience of the courtroom that lawyers can provide an invaluable steer in the right direction in the hope that this facilitates a prompt (and relatively inexpensive) settlement.”
“Far too often we find ourselves against litigants in person adopting extreme approaches, who refuse to take (or follow) independent legal advice from other lawyers. That simply has the effect of prolonging the case and increasing the expense”.
At Stephens Scown we are able to offer fixed fee consultations to those contemplating dealing with matters in person. We can provide invaluable guidance as to how their case should be framed, what the approach of the court is likely to be, and how an early conclusion might be achieved. For more information speak to one of our Family solicitors.
Stephens Scown has offices in Exeter, Truro and St Austell. Its top-rated family team advises clients on a wide range of family law issues including divorce and family finance. To contact Andrew, please call Exeter 01392 210700, email solicitors@stephens-scown.co.uk or visit www.stephens-scown.co.uk