Litigant in person
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A litigant in person is someone who is engaged in litigation without legal representation. Since they are conducting the case themselves they are usually at a disadvantage when facing professionally qualified adversaries. Bar etiquette requires that, in court, opposing counsel should ensure that litigants in person are aware of what is happening during the hearing and any results of the hearing.
The main reason for people deciding to act in person is that they cannot afford the legal fees. Other reasons include:
- unwilling to pay the legal fees - unusual if the case is important to them
- belief that they can do a better job than a lawyer
- need to control the course of their case
- vexatious litigant unable to retain lawyer
- desirous of personally cross-examining witnesses
In some jurisdictions the litigant in person is entitled to bring a friend into court to provide assistance. In the UK this person is known as a McKenzie Friend.
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 rape 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.
Reference
- Discussion (http://www.parliament.the-stationery-office.co.uk/pa/ld199798/ldhansrd/vo980212/text/80212-28.htm) in the House of Lords, UK of litigants in person in the context of sexual cases, in Hansard.