Q: I am involved in a relatively small legal dispute with my neighbour over our fence line. He has hired a lawyer but I really don’t want to pay for one. Can I represent myself in court? What do I do?
A: I assume you do not have a farming company. If you do have a company, in some provinces the rules of court state a company must be represented by a lawyer in court.
Assuming this is not the case, then it is open to you to represent yourself. But you may want to seriously question whether this is a good idea. You will be against an opponent who will know the law and the rules of evidence and procedure. While the judge will do his or her best to help you along, the judge does not give legal advice and
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there is some expectation that you will be able to move the case along yourself.
I am not saying this to promote the use of lawyers. You will be at a distinct disadvantage in the courtroom. Even among lawyers, self-representation is discouraged. There is an old saying that a lawyer who represents himself has a fool for a client.
I certainly understand that lawyers charge for their services and you may not want to pay for them. But so do dentists. Would you want to do your own fillings? If we didn’t have medicare, would you try to cut out your own appendix to save a few bucks? It may look to you that anyone could do what lawyers do. Give it a try, and tell me how it turns out.
If you do decide to go to court by yourself, there are some sources of assistance and advice.
Saskatchewan has the Public Legal Education Association, which provides free information.
British Columbia has gone further – its highest court has a self-help website at supremecourtselfhelp.bc.ca, where you can get all sorts of information.
Here are some general tips.
First, try to acquaint yourself with the rules of procedure in your province. Speak to the courthouse staff, who are generally helpful. Find out the basics such as where to sit, how to address the court and who goes first in the case.
Most libraries have copies of the rules of court for that province; read them and study how things are done. This is a large and daunting task.
Next, try to get familiar with the law on this topic. Again, most public libraries are stocked with some basic texts on the law. Figure out what subject area your case falls into, and read, read, read.
During the trial, address the judge, the court officials, witnesses, the other lawyer and even your opponent respectfully. Being nasty will get you nowhere. Any breaks the court might want to give you can evaporate if you are a jerk.
Do not interrupt the other side’s lawyer or the judge; you will generally get your turn to speak. Lawyer shows on TV show both lawyers on their feet at the same time, shouting back and forth to the judge and to each other. That is not correct and
Canadian courts do not work that way. Be polite and respectful at all times.
Be honest and forthright in all your dealings with the other side and with the court. This applies equally to lawyers and witnesses. Once a judge senses you are not being totally honest, you are in big trouble. That trouble is magnified if the other side’s lawyer is someone with an excellent reputation for honesty and ethics. Your credibility is vital to succeeding with your case. Damage it and you damage your case.
A last word: seriously consider getting legal help. I’ve been litigating in courts throughout this country for 25 years, and I certainly don’t pretend to know it all. A crash course on the rules and the law is not going to properly equip you to run a trial against an opponent who has had the sense to hire experienced litigation counsel. You are likely to get walked on. Hire the best help you can get and your chance of success will increase.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
