Can I just represent myself?

[NewBeginningsSnoopy]

Can I just decide to represent myself for my hearing in January? I feel that this would give me a positive outcome as several cases of different solicitors with lack of empathy, bad blunders in court, total lack of understanding of any details of my case (Childrens Order) etc

Can I do it myself?

How?

What do I need to do?

What do I need to know?

You can do this and often judges treat self representing people more gently than the other party's solicitor!

But it's not easy and there are massive pitfalls, especially if there are children involved.

I don't honestly think its advisable but if you insist maybe you can find a solicitor who can talk you through it?

My ex SIL self represented at the first hearing and, apart from lying through her teeth and saying things that were utter rubbish which the solicitor would never have let her, it went very smoothly for her!

Definitely not advisable

Well in my case, it's just the truth!

What are the massive pitfalls you mention?

I'm not a solicitor so I don't really know. Things involving children are really difficult.

If you contact the court where it will all be held they can send you all the details of how to represent yourself. Forms to fill in and the staff there are very helpful.

I really wouldn't do it though without some knowledge of the proceedings. Look up a Mackenzie friend. It's someone who can sit with you and give you advice and maybe get your point across for you. They do not need to be legally trained, but your supporter.

Hmm. I've never heard of a Mackenzie friend. Well the barristers and solicitors so far have known all about proceedings but not very much at all about the details of my case! I could maybe find all the relevant information?

The judge will not be interested in all the 'he said, she said' business, however much they matter to you. Only in the points of law. We found the solicitor stuck rigidly to the law and as she said, it's only your money wasted treating this like a counselling session!

Look into it carefully. You will find the more you do the more daunting a prospect it is.

It is only the initial hearing and sounds as though there will be lots of issues. Finding another solicitor at this point is financially a bit of a nightmare. Maybe the legal team so far have been unsympathetic because it's their job to be clear headed? If you approached from a different angle maybe you would be happier for them to represent you?

Sorry what you say is not the case here at all!!! I am only interested in making sure my children are safe.

It's not the initial hearing at all. It's the appeal hearing

Are you able to say in general terms what the issues are? I have experience of self repping, good legal advice and rubbish legal advice but without knowing what the point is that you want to push it's hard to advise.
In what way are they not safe?

Sorry you just said hearing. My only personal experience is of an initial hearing.

I've deliberately not asked for any specifics because this is a public forum and I can only speak in general terms.

Be very careful what you disclose. I would stick to private messaging for specific advice.

I know people who have chosen to self rep after becoming frustrated at previous hearings when they've had a solicitor representing them.

If you have limited funds for legal fees then it's hard to pay for the time you need with your solicitor to fully brief them on the situation. They obviously don't know your case and the details as well as you. I have heard people being frustrated and angry when their solicitor has for details wrong and they've been powerless to correct them at the time in Court. It's not the same as having unlimited money and being able to spend hours and hours bringing your legal representative up to date on all the details of a cooked situation.

Obviously, on the flip side, you're not legally trained so in a contested hearing you don't know all the legal technicalities and stated cases to mention.

Why don't you briefly explain what's happening and what the hearing will be about and maybe someone can advise you if you need a solicitor or not.

How should I best go about finding out about all the legalities?

All the legalities of a contact case?

Well, where should I start I mean.

Yes.

Lucy Reed wrote a good book for litigants in person in the family courts, google that and have a read. She also has a website.

Families need fathers are a helpful resource, even if you are not a father. Their site explains about Mackenzie friends - people who can help in court - so give that a visit.

You may need someone just there to support you or help you take notes.

Usually judges are sympathetic to the extra strains on litigants in person, so I think it is very doable.

Good luck.

Thank you Spero!!

What type of person might be there to take notes? A legal person? Or a friend or supporter such as a woman from womens aid who has been helping me?

I have often had clients also supported by friends or people from DV support groups, usually judges are ok with it but they can say no. On rare occasions the other side objects.

I hope we are going to get more clarity / guidelines on what LIPs can and can't do as there is going to be a massive upsurge in their numbers now legal aid has been cut.

Bottom line, being along someone to help and just ask judge politely what he/she will permit. If it's just a directions hearing, can't see problem. It can get more tricky if it is a longer hearing with evidence etc.

I have legal aid but all my solicitors and barristers have let me down thus far and none of them including the present one can remember the facts of my case. My present barrister also made a big blunder in court. Facts totally wrong and totally silly. The argument didnt add up at all so strange that she didnt even ask me to verify the facts before opening her mouth to the judge.

I have represented myself, and whereas from legal perspective I was happy, doing probably a much better job than the lawyer would have done - frankly I do not understand why the lawyers even exist in simple family cases, there is however one major problem that I feel is happening.

In essence these cases are unrecorded. In the room it will be 3 v 1, and the Judge by pure peer pressure of people is likely to go in the direction of the other party, finding some red tape reasons to support them while appearing to like you (like congratulations to mr abc for exceptional representation of himself blablaba). This is especially true of the appeal case where it will be 3 + previous judge vs you.

You see its not only about the law, but also about the psychology. Lawyers can be very helpful, as can be Mackenzie friend, but this entire legal system is immensely peer to peer psychologically corrupt institution, so you do not want to be there alone, even if the case is yours and you are super smart.

I would change the lawyers, blame the previous lawyers for not outlining the case, agree to speak as much as possible in person to show your story, but keep the lawyers so that they protect you just by being the witnesses. Nobody cares about the justice.

Proceedings are all recorded.

If you are not happy that people are remembering correctly what happened, ask for the tapes.

Thanks HappyDad. Will you tell me more about your experience of representing yourself? I'd love to hear! It is interesting what you say. Do you really think they won't take what I say seriously just because I'm by myself? Surely I am best placed to know the best interests of the children and the details/truth of the case?! Who did you use? A Mckenzie friend?

Spero it's more that I get the sense that the solicitors & barristers I have used aren't really listening, remembering what I have said at meetings or reading documents I have given them to read!

If your legal team are not reading documents properly or remembering your instructions, then sack them, they are not doing their job properly.

I appreciate this may be difficult if you are in the middle of proceedings, but don't just sit back and take this - make a formal complaint to your firm of solicitors and take it up with the. Law Society if you don't get satisfactory response.

I do not deny there are lazy and inefficient lawyers out there. But I have seen no evidence of collusion between lawyers and judges to stop people 'winning' when they have a decent case.

But sadly, for some, it is easier to construct a narrative about a 'corrupt system' than accept there might be some weakness to their own case.

That is not a passive aggressive dig at you op as I don't know your circumstances. Just an observation from many years in court.

They are not reading documents at all. I gave the barrister a very important, relevant & detailed document that I took ages to write 3 weeks ago and she failed to read it at all before our last meeting during last week.