False Economy: How Being an LIP Can Cost You Time and Money
A recent divorce financial settlement hearing had to be adjourned because the parties involved arrived at court with their case ‘in such a disordered and chaotic state that it is simply impossible to proceed in a fair way’, according to the Law Gazette.
The chaos came at the end of a long process, with both parties representing themselves as a litigant in person (LIP) at some stage. According to the private judgement:
“There have, in total, been seven directions hearings in this case. The applicant has been represented by counsel at three and has acted in person at the other four. The respondent (husband) appears to have been represented only at the First Appointment and has since acted in person.”
The listed three-day final hearing was further thrown into disarray by the law firm representing the second respondent stating they could only attend on day two of the hearing.
The judge noted the ‘applicant’s disregard for procedural rules in preparing for this final hearing’, which included sending two court bundles (the documentation and evidence for their case) totalling a whopping 2,747 pages, as opposed to the normal maximum of 350 pages. (For content, that's the page count total of six of the seven Harry Potter books.)
Other breaches of court procedure included:
- Missing statements of case
- Late lodging of counsel’s position statement
- Further documentation filed on the morning of the hearing,
- Lack of clarity as to the wife’s case in law
- No qualified legal representative
The last breach is particularly significant as:
"The court has made a series of orders for the appointment of a [qualified legal representative], without any effect. It appears that a QLR has not been appointed."
As family lawyers, we can find ourselves representing clients seeking a financial settlement, and facing this kind of shambolic response from the other party. This is sadly often the case if they choose to represent themselves as a litigant in person.
What is a litigant in person?
A litigant in person (sometimes called a self-represented litigant) is someone who represents themselves in court without a lawyer. As the .gov website explains:
"You have the right to speak for yourself in court without a solicitor or other legal professional. You may choose to do this because:
- you think it’s better to talk directly to the judge, jury or magistrates yourself
- you cannot afford to pay legal fees."
You can have someone in court to help with taking notes and offering advice, known as a McKenzie friend. However, they cannot speak for you or interfere with proceedings in any way. You can also take legal advice before you go to court, and have a lawyer help prepare paperwork, but they cannot attend unless you appoint them as your legal representative.
"Litigation is not easy"
Not our words, but that of Judge Lord Dyson, in the introduction to "A Handbook for Litigants in Person".
"It should not be forgotten that litigation is not easy, nor should it be embarked upon lightly ... Civil litigation can be an exacting process and navigating the technicalities of the law and the rules of civil procedure is no easy matter."
The real costs of being a litigant in person
With the increasing lack of legal aid solicitors, for many people, representing themselves comes from a desire (or need) to save money on legal fees. However, it is so often a totally false economy. With so much to learn and understand, being a litigant in person is highly stressful. It is time-consuming to even read up on the legal process, and even more time-consuming to gather the paperwork required.
In cases of divorce and separation involving children;
- If you apply for the divorce, you need to know which type of court order you can apply for.
- If you are the respondent, you need to know how to respond to the divorce papers you were served.
Equally, if you are going to court for a divorce financial settlement, you'll need to know what financial evidence you need to provide in advance and on the day. There is a requirement for 'full and frank' disclosure, which the other party need to give as well.
In the chaotic case above, even just the hours spent preparing and appearing in court must have had an impact on the couple’s two children, aged 7 and 8, and possibly extra childcare costs.
Fixed court costs
It is important to remember that being a litigate in person is not entirely cost-free. There are court fees to pay. There are also the costs of collecting, collating and copying documents, and the cost of your time spent doing this.
The complexities of litigation cannot all be dealt with during evenings and weekends, and you may incur loss of earnings if you need to take time off work or time away from your business to get things done.
Delays and adjournments
Even if you think you've got it all right, the family courts are pressed for time, and as in the case above, any breaches of procedural rules can delay or even adjourn a hearing. The next available family court date could be months away prolonging your case, putting further stress on you and your children, and damaging co-parenting relationships.
During the court process, you may have financial uncertainty that causes additional stress. So funding an extended divorce/financial settlement case might be difficult.
It can also cost you money if the court issues a costs order. Under the FPR 2010 legislation:
"The court may make an order requiring one party to pay the costs of another party at any stage of the proceedings where it considers it appropriate to do so because of the conduct of a party in relation to the proceedings (whether before or during them)."
At LGFL we have noted an increasing trend amongst judges to award costs claims.
Invest in early legal advice
Taking legal advice early on can save you so much time and stress, and give you a holistic insight into the whole process. It can also help manage your expectations, as your divorce lawyer can suggest approaches that offer the best opportunities to achieve the outcome you want.
You may not even have to go to court at all if you can resolve disputes through mediation or between two experienced solicitors
Again, this is not just our advice. In the aforementioned Handbook, the advice to seek legal advice early on is literally printed in capital letters:
"DO NOT DELAY – THE EARLY STAGES OF SUCH DISPUTES CAN BE CRUCIAL BOTH IN TERMS OF THE ACTION THAT SHOULD BE TAKEN AND THE COSTS THAT CAN BE SAVED."
Note, "the costs that can be saved". Taking early advice can help avoid hasty and costly decisions that you may regret later.
Early legal advice from LGFL
We know from over decades of experience as family lawyers that the earlier you seek our advice, the more we can help. We offer a reduced fee 1 hour consultation, which is massively discounted from our usual fee.
A full 60 minutes per consultation means that you get a very good overview of your case from one of our Directors. Afterwards, we send you full cost estimates of what we think your case is going to cost you, along with some helpful leaflets and links.
To book your 1-hour reduced fee consultation: