What are the hurdles litigants in person run into? I have talked about this a few times before.

A review of all the complaints litigants in person made between 1 January 2011 and 31 March 2012 to the Professional Conduct Department of the Bar Standards Board against barristers provides further insights. The number of complaints made by litigants in person takes up 25% of all such complaints.

Most of the litigants in person who made these complaints were involved in civil matters. Almost half of their complaints had to do with County Court proceedings. 11% concerned the High Court and 18% tribunals.

47% of these litigants were claimants and 41% were defendants. (The role of the remaining litigants (12%) was not clear, apparently.) In 25% of these cases, the litigant had obtained some legal advice, while 75% of the complaining litigants had relied on their own research during the litigation.

30% of the complainants indicated that they might have a disability; this number reflects the percentage of litigants in person with disabilities, regardless of whether they file a complaint or not.

Most of the cases concerned property, construction and planning, followed by family law with employment taking third place (excluding work injuries).

57% of the complainants did not appear to understand all aspects of legal proceedings. In general, these complainants did not appear to understand that the barrister for the other side is there to represent the other side’s views and to do their best for that other party.

As a litigant in person, it is your responsibility to present your own viewpoint within the context of the law. You cannot rely on the other party’s barrister to do that for you; it would be naïve to expect otherwise.

32% of all complainants seemed to expect the Bar Standards Board to overrule the courts, or be an alternative to the courts, and make a (new) decision. That is not what the Bar Standards Board does. Only a higher court can look at what a lower court did, and possibly reverse a decision made by a lower court.

In my view, paying close attention to the actions of the barrister working for the other side can actually enhance your own understanding as a litigant in person. They’re the professionals who can teach you a thing or two.