Common Mistakes by Self-Represented Litigants
Not everyone can afford to hire a lawyer. Most people are not experienced in navigating the court system and many people that try to make mistakes in the process. These are the most common mistakes people make when representing themselves in family law matters:
Poorly Prepared Documents
Many of the court forms on the Alberta Court of Justice or the Alberta Court of King’s Bench website are fill-in-the blank templates. When people try to fill out these forms for the first time without professional support, it can be an extremely difficult and overwhelming task. People make mistakes. Self-represented litigants often fill out the forms incorrectly, or they do not provide enough information, or they fail to provide the relevant information to support what they are asking for from the Honourable Court. For example, for a Claim-Family Law Act or Family Application to vary parenting, a self-represented party may clearly explain the change that they are asking the Honourable Court to make but they may fail to explain the change of circumstances that happened since the previous court order was granted. For a Claim-Family Law Act or Family Application for child support, a self-represented person might not include all of the information that is needed to calculate child support.
Missing Deadlines
There are many deadlines that can arise when a matter lands into the Alberta Court of Justice or the Alberta Court of King’s Bench. In family law situations, self-represented parties may not be familiar of the importance of the deadlines noted in Practice Note 2. A self-represented party may fail to provide financial disclosure or fail to meet deadlines despite the direction of the court. A self-represented party should communicate with the other party or their lawyer if more time is needed to meet a deadline before the deadline has passed.
Refusing to Communicate with the Opposing Counsel
At the breakdown of a relationship, some people do not trust each other anymore. When one spouse hires a lawyer, it makes the other spouse uncomfortable if they do not have their own lawyer. The spouse without a lawyer often feels paranoid and untrussing of their spouse’s lawyer (the “opposing counsel”). Self-represented people tend to feel like any contact from opposing counsel is a set-up. It usually does not matter if the contact is in the form of a letter, email or telephone call. In many cases, self-represented parties flat out refusal to communicate on any issue that could have been resolved without court intervention.
Demanding Advice from the Opposing Counsel
Self-represented parties sometimes ask the opposing counsel or the opposing counsel’s staff for legal advice or procedural information. A lawyer cannot provide advice to an opposing party. The lawyers role is limited to solely acting in the interest of their client. Self-represented people must find their own lawyer if they need legal information or legal advice.
Attempting to Persuade the Opposing Counsel
Some self-represented people try to convince the opposing lawyer that they are wrong. There is no point in trying to convince opposing counsel of anything. Lawyers are hired to follow instructions given to them by their client. It does not matter if their client is right or wrong. The lawyer is not going to switch sides. Self-represented parties sometimes provide way more information than necessary to the opposing lawyer to try and convince the lawyer that their client sucks. Unfortunately, these efforts usually do more harm than good. A self-represented party may appear crazy and unreasonable in these types of situations.
Bullying and Retaliation
Some self-represented parties attempt to bully the other party or their counsel. Some self-represented people resort to name calling, intimidation, harassment, or leaving poor reviews or negative comments online. These tactics can backfire and shift the attention away from the initial issue and result in orders against the self-represented person to prohibit further inappropriate conduct.
People who are self-represented because they can’t afford a lawyer may have other options. These resources may be able to help:
Legal Aid Alberta
People who are stuck self-represented because they are low income should apply for Legal Aid coverage. If approved, Legal Aid would assign a lawyer to represent the self-represented party with their legal matter. Legal Aid is not a service that hands out a free lawyer to people. Instead, Legal Aid is a form of payment arrangement with lawyers that are willing to work at a greatly reduced rate. Legal Aid pays the lawyer’s bill immediately then collects payment from the client over a period of time, interest free, in installments (ie, $50.00 per month) until the bill is paid in full. To apply for Legal Aid Alberta, call: 1-866-845-3425.
Limited Scope Retainers
It is possible to hire a lawyer part-time. Some lawyers are willing to work on a “limited scope” retainer. This means that the lawyer is only hired to do tasks like provide legal advice or to draft court documents, while the self-represented person is on the hook for everything else. For more information on this option, check out this online directory of lawyers willing to do piecemeal work or legal coaching.
Hire an Independent Paralegal
If hiring a lawyer is not an option, it is possible to hire a different type of legal professional to help. Paralegals are an option. Paralegals have some legal training and experience in practicing law. Paralegals cannot give Legal Advice, but they can help with navigating the court system, preparing court documents and procedural information. Paralegal services are the most cost-effective solution for self-represented parties. The Edmonton Family Network can provide referrals for people looking to explore this option.
The Edmonton Family Network was designed to be used as a resource to anyone dealing with a difficult family situation. The Edmonton Family Network is familiar with the current limitations of the legal system and the barriers many people face trying to access and afford legal services. The Edmonton Family Network aims to educate and connect people with affordable resources and service providers that can help.
