Legal regulators are being called upon to prevent unethical practices where lawyers exploit litigants in person (LiPs).
Legal regulators have been urged to issue warnings to lawyers against exploiting litigants in person (LiPs), particularly those who are vulnerable, according to a leading charity. Olive Craig, senior legal officer at Rights of Women, expressed grave concerns about lawyers’ ethical conduct towards unrepresented women, many of whom are involved in legal proceedings related to violence and abuse.
Ms Craig highlighted the misuse of instructions by some lawyers, who hide behind this defence to justify questionable behaviour. She noted that lawyers sometimes push the boundaries of ethical conduct, citing instances where court orders were inappropriately applied as litigation tactics or where unregulated psychologists were used as joint experts unbeknownst to the court.
One significant concern raised by Ms Craig involves a lawyer applying for a child’s residence transfer on behalf of a father frequently working abroad—an application never meant to be pursued seriously. Additionally, the expertise of unregulated psychologists assessing vulnerable parents and children raises substantial ethical issues, particularly when the opposing party is unrepresented and disadvantaged.
The imbalance of power continues with only solicitors and barristers allowed direct email access to judges and the exclusive right to draft court orders. There have been cases where barristers manipulated the documentation to favour their clients, often misrepresenting the judge’s rulings. This leaves unrepresented parties at a disadvantage, sometimes unaware of the misleading orders until months later.
Ms Craig critiques the court system’s inability, due to staff shortages and delays, to thoroughly review the wording of these orders, although such wording could significantly impact case correspondence.
She advocates for increased awareness among lawyers regarding the repercussions of their conduct with promises of regulatory action against failures to adhere to court and public duties. Such measures, she argues, would empower ethical decision-making and prevent lawyers from exploiting those without representation.
Alan Kershaw, Chair of the Legal Services Board, after the presentation by Ms Craig, acknowledged the need for regulatory bodies to uphold ethical integrity and address any existing weaknesses within the framework.
The call for regulatory enforcement underscores a pressing need for the legal profession to uphold ethical standards and safeguard vulnerable individuals in the legal process.
