Guide for Litigants in Person

A litigant in person is someone who is not represented in court by a solicitor or barrister. A litigant in person can receive free legal advice from the Citizen’s advice Bureau, law centre or pro bono legal organisation such as the Bangor University Legal Advice Clinic.

Procedure before the Court dates

If you are a litigant in person, the court will usually ask the solicitor on the other side to deal with this to speed up the process. Where possible, you should keep written evidence of any communication between the other side and yourself. You should act professionally when talking to the other side’s solicitors. The other side’s solicitors can explain court procedures to you but cannot give you legal advice. If they use legal jargon, don’t be embarrassed to ask them to explain it to you.

Preparing for Court

It is important that you present yourself professionally when you are at court. If the judge is a circuit judge or higher, you will need to remain standing until given permission to be seated. You should stand when you wish to speak and wait until the judge gives you permission to do so. It is also important that you dress appropriately, wearing a suit if you have one, or a shirt and trousers or suitable skirt. You should also bring a pen and paper with you to court to make note of anything said to you by the other party or their legal representative, or anything important said by the judge.

What is a McKenzie friend?

A “McKenzie friend” is someone who attends court with you to offer you support. This could be a family member, a friend, or a voluntary helper from a charity. A McKenzie friend can provide you with moral support, take notes, help you with your case papers, or give you advice. This person cannot speak for you in court or manage cases outside court. If the judge gives permission, they may be allowed to speak. If you wish, you can pay for a McKenzie friend. Though this will likely be cheaper than hiring a solicitor, they will not be able to act as your legal representation.

What happens when I go to court?

When you arrive at the court, you will have to go through security checks similar to airport security. You will then need to look for the Court List. When you have found the Court List, you need to look for your case number or your name. If you cannot find your case, you can ask for help from staff. When you find out which court room and which judge is assigned to your case, you will need to check in at the Usher’s desk. You will then need to inform them that you are a litigant in person.

Once you have been checked in, you may have to wait for a some time as the courts have many sessions within a given period. Whilst waiting, you will likely be approached by legal representation of the other party. They will introduce themselves to you and make some proposals regarding your case. You should listen and take notes of these, and then think these over. If you do not want to accept the proposal and you do not wish to negotiate with them, you should inform the other party or their solicitor.

When you are summoned to appear before the judge, you will need to turn off your mobile phone. The judge will then ask questions or ask one of the parties to speak depending on what type of hearing you are attending.

The court may assess you to ensure that you are capable of representing yourself. If they have concerns about your capacity, they may consult your GP.

Court Orders

When the court has come to a conclusion, they may ask the party who has legal representation to draw up the court order. When an order is made, both you and the other side need to be clear about what the order requires everyone to do. The other side’s lawyer will draft the order for the judge and will send you a copy so that you can inform the judge if there are any parts of the order that you think do not reflect what the court decided.

Mediation

In most court cases there is the option to attend mediation. This is where an independent mediator will try to help both sides agree a reasonable settlement between them. In family cases the judge will expect both sides to have tried mediation before coming to the court. The judge may adjourn (put off to another day) a hearing to give you the opportunity to consider mediation.

Cross examination

At a final hearing, you will be allowed to question the opposing party about evidence. The other side may also cross-examine you on evidence you have provided the courts. You should prepare for any questions you may be asked.

Services such as Support Through Court can assist you in getting the correct forms you need, and occasionally will attend court with you, though they cannot give legal advice.

Bangor University Legal Advice Clinic provides free legal advice. If you would like an appointment, please call 01248 388411 or email bulac@bangor.ac.uk.