Litigant in Person

A "litigant in person" is generally understood to be a person who represents oneself in court proceedings without the assistance of a lawyer. Due to changes in the law governing access to legal services, this definition is no longer accurate. When a lawyer represents a client, they must send a "Notice of Acting" form to the court and a letter to the opposing party. Unless the barrister obtains a Litigation Certificate, this procedure does not apply when a litigant directly engages a lawyer.

What is the Meaning of Litigant in Person?

An unrepresented party (either an individual, business, or organisation) or a party who is self-represented is referred to as a litigant in person. This indicates that they do not retain the services of a lawyer or a solicitor. A growing number of litigants are showing up in person in court as a result of recent advancements in litigation. Cuts to legal aid and a rise in the amount of damages required to qualify as a minor claim are only two examples of these recent trends. Due to the additional labour charge necessary to deal with a litigant in person who, of course, does not have legal counsel and is mostly unaware of the law and legal procedure, this development has increased the workload for lawyers (and hence their clients).

Decrease in Legal Aid

Legal aid is the service provided by the government to people who cannot pay legal fees. In order to qualify for such legal assistance, one must be able to demonstrate that his or her financial condition is not sufficient enough to hire a legal representative. However, legal aid is very effective, as the it takes too much time. Secondly, many law firms that accepting such cases (probono) has decreased.

Understandably, the withdrawal of legal assistance from these matters directly affects the poor people and they left with no choice other than to fight for themselves. Likewise, in many regions of this world the number of litigant in person is increasing.

Favorable Instances of Litigation in Person

In private family law proceedings, being a litigant in person (LIP) or self-representing is become quite frequent. They include instances like −

• Parents disagreements on a child's upbringing

• Divorce

• Financial support following a marital breakup or divorce

• Domestic violence.

Judge’s Role

The role of judges in litigant in person are −

• In particular, if a party being represented is being oppressive or violent, judges must be aware of the sentiments and challenges encountered by litigants in person and be prepared and equipped to assist them.

• When a litigant is acting oppressively or aggressively against another party or its agent, the court or tribunal, or towards another party, it is crucial to maintain composure and an even-handed attitude. Yet, the judge should try to maintain their ability to discern potential motivations for their actions.

• The objective is to strike a balance between helping and comprehending what the litigant in person needs and safeguarding their represented opponent from any issues brought on by the litigant in person's ignorance of the law and the court's procedures.

Advantages of Litigant in Person

The following are the advantages of being a Litigant in person −

• A contribution to the legal aid fund or the cost of paying one's own legal fees are not necessary.

• A person who represents themselves in court only has to pay court fees and the cost of preparing and submitting court-required documents. However, if they lose, they will be responsible for paying the majority of the other party's costs, and the total cost of the case may be higher than it would have been if they had hired counsel.

• Any issues that the court will let to be raised may be brought up by the plaintiff in person and the case may be conducted in his or her own manner.

• The individual bringing the lawsuit is obligated to be far more knowledgeable about the circumstances surrounding it than the typical overworked attorney or solicitor could be.

Disadvantages of Litigant in Person

The following are the disadvantages of being a Litigant in person −

• A lack of familiarity with the language and specialised terminology used in legal processes.

• Lack of understanding of the procedures involved and difficulty applying the rules

• Lack impartiality and emotional distance from their case.

• Lack advocacy skills and are unable to conduct cross-examination or challenge an opponent's evidence.

• Lack knowledge of how to present evidence.

Conclusion

The phrase Litigant in Person refers to anybody who is putting together a case for trial or hearing by himself or herself. In other words, anyone who is presenting their own case during a trial or hearing, and anyone who wants to uphold a verdict or file an appeal. Under this, most litigants are anxious and agitated out because they are attempting to communicate in a foreign language in an unfamiliar setting. They are making an effort to understand legal and procedural topics about which they may know nothing.

Frequently Asked Questions

Q1. Who is a litigant in law?

Ans. A litigant is a person who is a party to a civil legal proceeding, either because they are the subject of a formal complaint or because one has been lodged case against them.

Q2. Why is litigation important?

Ans. People can use litigation to resolve conflicts that they have been unable to resolve on their own. The participants to a dispute are frequently too emotionally committed in the conflict to see it clearly. Since they believe they have been mistreated, neither side is willing to compromise. Therefore, through litigation third party helps them to resolve their dispute.

Q3. Can litigant in person cross examine?

Ans. Technically, a person who is arguing his case can cross examine, but such thing required technical skill and knowledge of legal terminologies. Therefore, practically it is difficult for a common person to cross examine his or her opponent.

Q4. What is the difference between a litigator and a litigant?

Ans. Litigation is used to resolve disputes in court. In a legal proceeding, the plaintiff and defendant/respondent who appear before a court of law are known as the litigants, and the attorneys who represent them are known as litigators.