Is self-representation in court a good idea?

In New Zealand, you have a right to go to court and represent yourself; self-representation procures access to the courts. But, whether it provides access to justice is another question. This is because accessing the courts is not the same as having the ability to get the necessary resources or advice to effectively navigate the legal system.1

The cost of legal services is the most common reason for self-representation.2 While the Legal Services Amendment Act 2007 allows a portion of New Zealanders to obtain legal aid by increasing the financial threshold and simplifying the criteria, it also requires a higher portion of recipients to pay back a grant. Other reasons for self-representation include:

A belief that the case is straightforward A previous bad experience or distrust of lawyers A desire to get the case over and done with as quickly as possible The lay perception of the legal system is often that someone tells their story and a judge makes a decision.3 However, representing yourself requires much more than filing an application and explaining to a judge what happened. You must have a clear understanding of what the litigation process involves before making the decision to represent yourself in court.

The law can be complex, even for lawyers. If you represent yourself, you will be required to complete the same steps as lawyers, such as the writing and filing of applications and pleadings that use suitable wording and legal references. The general steps in the litigation process that you will need to complete (amongst others) are outlined below.4

Preparation

Identifying and understanding the applicable law; Accessing legal resources for research purposes (including case law and legislation); Identifying and completing the relevant forms to be filed with the court; Preparing evidence, including written briefs of evidence or affidavits; and Applying the law to the facts in written submissions. The hearing

Adhering to courtroom etiquette; Presenting the facts to the court through oral examination of witnesses, cross-examination and presenting exhibits; Making legal submissions to the court, with reference to relevant legal principles, statutes and case law; and Complying with court directions and orders. The failure to properly understand court processes and procedures can lead you to make costly mistakes such as presenting irrelevant and unnecessary material, not being aware of options when making pleas, and making errors when writing...