Law Practice Essentials

Following are some additional tips for dealing with SRP’s in litigation matters:

• Sometimes parties reach a last-minute resolution and agree to adjourn the matter so that an order can be prepared. The SRP may then have a change of heart and withdraw consent to the agreement. This can frustrate your client and delay resolution through the court. When possible, read the agreement into the court record, ensure the SRP confirms his or her agreement on the record, and ask that Rule 9.4(2)(c) of the Rules of Court be invoked. You will then not need the SRP’s approval of the form of order before it is submitted to the court for signing and filing. 
  
  
• Service on an SRP, in compliance with the Rules of Court, can be more costly to your client. Many SRPs are agreeable to service by email, but this method of service does not fit neatly within the electronic service requirements under the Rules of Court. When you first contact the SRP,  seek written confirmation that the SRP is agreeable to communications and service by email. At the first opportunity, enter into an order allowing for service upon both parties by email. If you want to serve the SRP by email, the SRP should be provided the same consideration and you should agree to accept email service as well. 
  
  
• Lawyers may agree not to strictly follow the rules of practice, often as a cost and time saving measure to their clients. As SRPs do not have the same ethical obligations as lawyers, you should ensure your client’s rights will not be affected before agreeing to deviate from the rules. 
  
  
• If an SRP is trying to speak with duty counsel or otherwise obtain last minute legal advice before the matter is heard, accommodate the request. While it can be frustrating to have to stand your matter down, this will minimize the need for the court to provide the SRP with assistance and the risk that the matter is adjourned. Allowing the SRP to obtain legal advice can also increase the likelihood that the matter will be resolved by consent. 
  
  
• If you have the option, consider which level of court may be more efficient to resolve the dispute. In most jurisdictions, matters can be resolved more quickly in Provincial Court. 
  
  
• Parties are self-represented for a variety of reasons. Many SRP’s truly cannot afford legal representation and are interested in resolving matters amicably. Acting on the assumption that all SRP’s are difficult is inaccurate and may unnecessarily escalate matters. 
  
  
• However, inevitably, you will encounter non-cooperative SRP’s or parties who rely on the fact that they are not a lawyer to disregard established rules and practices. The Statement of Principles on Self-represented Litigants and Accused Persons confirm that SRP’s are expected to familiarize themselves with the law and procedures applicable to their matter, be prepared for court, and be respectful of the court process and the participants within it. If you find yourself dealing  with a difficult SRP, you should consider the remedies available to your client to streamline the process and ensure there is no abuse of process. Some of the appropriate remedies available when dealing with OPCA litigants should be considered. In addition, further options include seeking:
  
  
• that the parties participate in an appropriate early intervention court process that is available in your jurisdiction;
• direction from the court;
• an order that the SRP be required to obtain leave of the court prior to filing further court applications.
  
  
• You should be mindful of your and your client’s personal safety if you perceive the SRP is being overly aggressive or emotional, particularly immediately after a court hearing or settlement meeting. You can take the simple step of leaving the building only after the SRP has had the chance to leave the area. You can take this time to debrief and discuss next steps with your client. If the SRP refuses to leave the area, or engages in other concerning behaviour, seek assistance from the closest security personnel. 
  
  
• If you find yourself in a situation where you are not sure how to navigate an ethical issue, contact one of the Law Society Practice Advisors for help.