Litigant in person
Encyclopedia
A litigant in person, in the United Kingdom
, is an individual, company or organisation that is not represented in court
by a solicitor
or barrister
, but nevertheless has rights of audience
(this is, the right to address the court in person). Instructing a barrister and not a solicitor, for example through the public access scheme, however, does not prevent the party on whose behalf the barrister had been instructed from being a litigant in person.
With the appropriate guidance it is possible for litigants in person to have access to the legal system and achieve victory against even the most well represented opponents. As knowledge is power, a litigant in person has the legal system stacked against them.
It is possible nevertheless for litigants in the UK to obtain free legal advice and in some cases representation from the The Litigants In Person Service(LIPS) or a Citizens Advice Bureau
(CAB).
and other serious sexual offences. The underlying policy is that an alleged victim should not have to answer directly to an alleged rapist. The right of the individual to defend themselves is in conflict with the need to protect the alleged victim from any further humiliation. In the UK this conflict is resolved by the court appointing a special counsel at public expense to conduct cross-examination.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, is an individual, company or organisation that is not represented in court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
by a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
or barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, but nevertheless has rights of audience
Rights of audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have a right of audience, and solicitors, who traditionally do not ; there is no such...
(this is, the right to address the court in person). Instructing a barrister and not a solicitor, for example through the public access scheme, however, does not prevent the party on whose behalf the barrister had been instructed from being a litigant in person.
With the appropriate guidance it is possible for litigants in person to have access to the legal system and achieve victory against even the most well represented opponents. As knowledge is power, a litigant in person has the legal system stacked against them.
It is possible nevertheless for litigants in the UK to obtain free legal advice and in some cases representation from the The Litigants In Person Service(LIPS) or a Citizens Advice Bureau
Citizens Advice Bureau
A Citizens Advice Bureau is one of a network of independent charities throughout the UK that give free, confidential information and advice to help people with their money, legal, consumer and other problems....
(CAB).
Criminal defendant
A special category of litigant in person arises when a defendant in a criminal case dismisses their defence counsel and chooses to defend the case themselves. This is almost invariably an inadvisable course of action, since the law and procedure can be complex and the penalties if convicted can be severe. Furthermore, in some jurisdictions the litigant in person is restricted from cross-examining the alleged victim in rapeRape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
and other serious sexual offences. The underlying policy is that an alleged victim should not have to answer directly to an alleged rapist. The right of the individual to defend themselves is in conflict with the need to protect the alleged victim from any further humiliation. In the UK this conflict is resolved by the court appointing a special counsel at public expense to conduct cross-examination.