Regulators issue guidelines on how to deal with litigants in person

The Bar Council, Chartered Institute of Legal Executives and the Law Society have issued guidelines to lawyers on how best to cope with the increasing number of people who represent themselves in court.

The guidelines have become necessary due to a significant rise in the number of litigants in person (LiPs), a direct result of legal aid cuts, the introduction of employment tribunal fees and an increase in the small-claims limit.

Among other things, the guidelines deal with how lawyers can help LiPs without there being a conflict in terms of the duty they owe to their own clients. Lawyers are also advised to "communicate clearly and avoid technical language or legal jargon, or to explain jargon to the unrepresented party where it cannot be avoided".

Chairman of the Bar Council, Alistair MacDonald QC, said: "The people who lose out most from the rising tide of litigants in person are the litigants themselves. It is one of the worst outcomes of the legal aid cuts that people facing major life events such as a family break up, have little choice but to put their case alone and without legal support or representation. It would have been easy for the legal profession to sit back and let the chaos play out in order to highlight the full impact of the cuts.  However, we believe access to justice is a fundamental part of the rule of law and are doing all we can to help limit the impact upon those who find themselves in this dire situation."