At the end of her divorce case, Heather Mills was adamant she had taken the right path in representing herself in court. Had she?
"It's not easy but just do your research and save yourself a fortune," said Heather Mills this week, after representing herself in court. But what are the benefits and the drawbacks?
It has been suggested that limits on legal aid are pushing more people to act for themselves in family court cases, with Mills asserting: "You can be a litigant in person. It's not easy, but just make sure you do all your research, save yourself a fortune."
It has been suggested that limits on legal aid are pushing more people to act for themselves in family court cases, with Mills asserting: "You can be a litigant in person. It's not easy, but just make sure you do all your research, save yourself a fortune."
But what are the pros and cons? Here family lawyer Brigid Turner, of Boodle Hatfield, gives her view.
But what are the pros and cons? Here family lawyer Brigid Turner, of Boodle Hatfield, gives her view.
MONEY ISSUE
MONEY ISSUE
FOR BEING YOUR OWN LAWYER
FOR BEING YOUR OWN LAWYER
Show poverty
Show poverty
Cost is often the reason cited for litigants representing themselves and judges are sympathetic to spouses who are struggling to pay for legal advice. This can work to their advantage - if a wife is claiming she can barely put food on the table, the judge might find it more convincing if she isn't paying for experts to make the point for her. AGAINST BEING YOUR OWN LAWYER
Cost is often the reason cited for litigants representing themselves and judges are sympathetic to spouses who are struggling to pay for legal advice. This can work to their advantage - if a wife is claiming she can barely put food on the table, the judge might find it more convincing if she isn't paying for experts to make the point for her. AGAINST BEING YOUR OWN LAWYER
Save money by spending
Save money by spending
This can however be a false economy. Money spent on good lawyers is money well spent since they might help the case to settle, avoiding the cost, delay and upset of a final hearing and, if it does go to hearing, a decent lawyer will hopefully get a better settlement for their client than they might achieve for themselves.
This can however be a false economy. Money spent on good lawyers is money well spent since they might help the case to settle, avoiding the cost, delay and upset of a final hearing and, if it does go to hearing, a decent lawyer will hopefully get a better settlement for their client than they might achieve for themselves.
WHO'S THE EXPERT?
WHO'S THE EXPERT?
FOR
FOR
Bad advice
Bad advice
It does happen and bad advice may be worse than no advice at all - it's certainly more expensive.
It does happen and bad advice may be worse than no advice at all - it's certainly more expensive.
AGAINST
AGAINST
Expert advice
Expert advice
Surely the most compelling argument to instruct a lawyer. You can expect an experienced family lawyer to have the requisite legal knowledge to put your case most effectively.
Surely the most compelling argument to instruct a lawyer. You can expect an experienced family lawyer to have the requisite legal knowledge to put your case most effectively.
GETTING YOUR POINT ACROSS
GETTING YOUR POINT ACROSS
FOR
FOR
I'm here
I'm here
If you represent yourself you can say what you want and what you believe is important to your case. Sometimes this process can be cathartic and it must be deeply frustrating to hear a courtroom full of people discussing your family life with a judge as if you weren't there.
If you represent yourself you can say what you want and what you believe is important to your case. Sometimes this process can be cathartic and it must be deeply frustrating to hear a courtroom full of people discussing your family life with a judge as if you weren't there.
AGAINST
AGAINST
Professional arguers
Professional arguers
Barristers argue on behalf of their clients all day, every day. Good advocacy is about knowing what's relevant and will help the judge make a decision favourable to their client. They can and should filter out the emotion and the sense of injustice that a wronged spouse may have.
Barristers argue on behalf of their clients all day, every day. Good advocacy is about knowing what's relevant and will help the judge make a decision favourable to their client. They can and should filter out the emotion and the sense of injustice that a wronged spouse may have.
OBJECTIVITY V EMOTION
OBJECTIVITY V EMOTION
FOR
FOR
Emotional advantage
Emotional advantage
Family lawyers, including judges, are used to people suffering and showing real upset. Judges are human and genuine emotion, appropriately expressed by a litigant in person, may well be respected and may influence a judge in favour of that litigant.
Family lawyers, including judges, are used to people suffering and showing real upset. Judges are human and genuine emotion, appropriately expressed by a litigant in person, may well be respected and may influence a judge in favour of that litigant.
AGAINST
AGAINST
Objectivity
Objectivity
For the most part, family lawyers are objective and clear-sighted in their analysis of what is, at its heart, a financial calculation. It must be impossible to have that objective and unemotional approach to your own divorce.
For the most part, family lawyers are objective and clear-sighted in their analysis of what is, at its heart, a financial calculation. It must be impossible to have that objective and unemotional approach to your own divorce.
CAN IGNORANCE HELP?
CAN IGNORANCE HELP?
FOR
FOR
Judge's sympathy
Judge's sympathy
Heather Mills appears, from what has been described as her rant on the steps of the Royal Courts of Justice, not to have understood that she was not able to talk about the case. As a litigant in person she can say she had not understood and the judge may be sympathetic. Ignorance of the law can be seen to be an advantage but it should be exercised extremely cautiously and most judges go to great lengths to explain the law to litigants in person.
Heather Mills appears, from what has been described as her rant on the steps of the Royal Courts of Justice, not to have understood that she was not able to talk about the case. As a litigant in person she can say she had not understood and the judge may be sympathetic. Ignorance of the law can be seen to be an advantage but it should be exercised extremely cautiously and most judges go to great lengths to explain the law to litigants in person.
AGAINST
AGAINST
Protection
Protection
A good family lawyer should protect their clients from themselves and perhaps from the media. It could be said that Heather Mills didn't give the best impression of herself during and following the judgment in her divorce. If she'd known that the judgement could be made public, would she have said all those things about him? Sir Paul McCartney, so far, seems dignified in relative silence - is that his choice or as a result of good advice?
A good family lawyer should protect their clients from themselves and perhaps from the media. It could be said that Heather Mills didn't give the best impression of herself during and following the judgment in her divorce. If she'd known that the judgement could be made public, would she have said all those things about him? Sir Paul McCartney, so far, seems dignified in relative silence - is that his choice or as a result of good advice?
ADVICE ON PRESENTATION
ADVICE ON PRESENTATION
FOR
FOR
Your own style
Your own style
Not everybody wants to be told to wear an expensive, well-tailored suit if they want to present evidence to the judge that they need to spend £1,000 per month at Chanel. Heather Mills may have been communicating in her own way by her choice of style and manner at court.
Not everybody wants to be told to wear an expensive, well-tailored suit if they want to present evidence to the judge that they need to spend £1,000 per month at Chanel. Heather Mills may have been communicating in her own way by her choice of style and manner at court.
AGAINST
AGAINST
Lawyers know courts
Lawyers know courts
First impressions do count and whilst a family lawyer is not allowed to coach a witness or rehearse their evidence in any way, they can prepare their client for court by telling them what to expect as well as what they should wear and how they should conduct themselves.
First impressions do count and whilst a family lawyer is not allowed to coach a witness or rehearse their evidence in any way, they can prepare their client for court by telling them what to expect as well as what they should wear and how they should conduct themselves.
Brigid Turner is a partner and family law expert at Boodle Hatfield (see internet links, above, right)
Brigid Turner is a partner and family law expert at Boodle Hatfield (see internet links, above, right)
