From one of our associates (name withheld due to the secrecy provisions of the Family Law Act)
I am going to self represent as I have run out of money. Legal Aid does not cover my situation. I was told they only will often only fund the person who has a better chance of winning. I don’t know how I am going to pay expert witness which are often necessary. I also have to worry about costs if I lose.
So far with all of my cases I have managed to do a lot of my own legal preparation such as applications, affidavits, investigations, collection and presentation of material.
I have done this by forming bonds of networks. From being ‘out there in the battle field’ I have forged relationships with persons such as my past lawyer who no longer is allowed to act for me. He has been incredibly supportive and wants more than anything to see my matters resolved.
I have formed a bond beyond the ‘bureaucratic sheath’ with a government staff member who is involved in my case, who listens to me when I am upset and pushes me to keep on going. A Family Court staff member went beyond their court duties to make sure my paper work was in order, we are now on a first name basis.
I am fortunate to have good contacts to bounce things off such as a past business associate who makes his living representing people in difficult situations.
On the whole I have had to conduct myself to show that I am credible, professional and thorough. Always being business like, learning to ‘speak the speak’ with a lot of finesse. I have ensured that over the years I have learnt of the procedures and process’s within the system that you have to try to understand and work to your advantage.
A golden rule is that one may engage a lawyer but they are not necessarily the experts on certain matters. The advice I have received has been incredibly conflicting and ambiguous. Don’t rely on the lawyers to properly deal with your matter.
In order to succeed you need to be open to information and resources around you, and correlate and file this so it is easy to find when needed.
The ordeal and preparation is exhausting and the biggest problem you face is the chasing of one’s tail. You get very caught up in the detail and can’t focus on anything else.
It helps to have an admin background and already be familiar with legal government based areas and be familiar with jargon and court. If you have had no court experience, take the time to sit in the back of a court room for a couple of days, in a case similar to yours. You will learn a lot.
The issue of self representing is that one needs to get around court procedure and protocol. You need to know the rules and the legislation that is applied more so if you are the plaintiff or applicant. I have been told it is easier to self represent if you are the defendant/respondent and a much harder task if you are the plaintiff/applicant.
You need to get the paper work done correctly from the start, pleading your case properly or you will simply lose because the court won’t understand your grievances and concerns. You must learn to write affidavits in the correct manner, how to issue subpoenas to the correct people and to decipher all the various forms that are required in-between times.
I have noticed that a lot of delays are caused by the legal people. I think that if I could rewind the last 2 months I would go straight for the court dates, but I guess that will vary for every person.
It seems to be that some of the judiciary hate self litigants, as they can be seen to glugg up the system and waste valuable time that could be better spent on those with lawyers that know what to do. Self Litigant means – self righteous, antagonistic, vexatious, arrogant, dogmatic. But I have also heard that the court apparently respects those that self represent – maybe I am wrong. I guess it depends on the jurisdiction and the type of case. I think being humble is the key to it all. If the court sees you as menacing, anxious and blatant about self representation you will not be viewed favourably.
The self litigant is highly likely to lose. You have not had the years of legal training and support network that a highly paid lawyer or barrister has. On the other hand, you know your own case backwards and inside out and you are not relying on some one else to present your words and views.
Litigating is about not caring what the other side says and sticking to and focussing on what is fact and driving it home. Remember, it’s YOUR life that you will need to present and it is hard to emotionally detach yourself from it. It helps if you can think laterally, strategically and analytically, pre-empting and considering what you would do in the opposing side’s case.
Self litigating on the whole is not for the faint hearted and you need to be prepared to the hard yards. You live and breath it. Its taxing on your life and those around you.
Being in this situation is not our choice. Having no money is not our choice. The legal system, the court, does not understand this.
But I want justice and a happy life for my children and I want what we are entitled to. And I will never give up.
This is my summary of what I needed to do and what I wished I knew at the very outset of my case:
(this a personal account and is not intended to be taken as legal advice)