Navigating Self-Represented Litigants in Family Law Trials

This article was originally published by Law360 Canada.

Navigating family law litigation is a practice that demands not only mastery of legal concepts but also adaptability and empathy. This blog, the first in a series of six installments on family law trials to be published over the coming months, is designed to highlight the nuances of such scenarios, drawing from our family law group’s experience and deep understanding of the complexities inherent in seeing these matters to trial. 

Dealing with self-represented litigants in family law trials can be challenging, but it also offers a unique opportunity to showcase professionalism, procedural expertise, and advocacy skills. While self-represented litigants often receive extra leeway from the court on procedural matters and may not fully understand the evidentiary rules, lawyers must remember their duty to maintain high standards of practice. Below are some considerations to keep in mind. 

Expect Procedural Flexibility for Self-Represented Litigants 

In many jurisdictions, judges grant self-represented litigants a degree of procedural flexibility. They might struggle with the correct purpose of an opening or closing statement or misunderstand the formal requirements for introducing evidence. Courts often permit them extra time and guidance to account for their lack of legal training. Recognizing this flexibility from the outset can help lawyers manage both their expectations and their client’s. 

Rather than being caught off guard or frustrated by the court’s latitude, expect that the court may bend some procedural norms for the self-represented litigant’s benefit. That said, this does not mean the substance of the case should be compromised. The judge’s obligation to ensure a fair hearing does not equal an obligation to help the self-represented party present a perfect case—merely that they be given a fair opportunity to advance their claims. 

Maintain Proper Procedure Yourself 

Even though self-represented litigants may not follow every procedural step, it is critical for lawyers to hold themselves to the highest professional standard. Openings and closings, for example, serve vital functions: they set the stage for the evidence to come and tie it all together at the end. They also demonstrate our credibility and show the court that we have our case well in hand. 

If the self-represented litigant presents a cursory opening statement that barely touches on legal theory, lawyers should resist the temptation to skip or abbreviate their own. Using the proper formalities enhances our credibility before the court and can help avoid later arguments about procedural fairness. By adhering to procedural standards, we provide a consistent and stable framework that the judge will appreciate, especially in contrast to any disorganized presentation from the self-represented opponent. 

Exercise Patience and Professional Courtesy 

Because courts are prepared to accommodate self-represented litigants’ inexperience, lawyers should likewise remain patient. It does not help our clients if we appear exasperated by the self-represented party’s lack of organization or misunderstanding of the rules. Judges do not respond well to displays of frustration, particularly when one side is at a distinct disadvantage in terms of legal knowledge. 

Instead, projecting calm professionalism can reinforce a lawyer’s standing as a reliable voice in the courtroom. It also reassures our clients that, despite any unexpected twists, we will continue advocating effectively. Losing our temper or acting impatient will not speed up the process; it may undermine the case in unexpected ways by suggesting a lack of courtesy or compassion. 

Keep The File Organized and Present Evidence Clearly 

When facing a party who may have jumbled papers or incomplete records, a lawyer’s own organization becomes even more critical. A thoughtfully prepared exhibit binder, a chronological timeline of events, and a cleanly structured case theory are invaluable. By presenting evidence in a manner that is easy for the court to follow—especially when the opposing side’s approach is muddled—lawyers can help the judge stay focused on the substance of your argument. 

This clarity is beneficial in two ways: First, a well-organized file showcases the lawyer’s professionalism, potentially increasing judicial confidence in their submissions. Second, it ensures that the key facts do not get lost in the chaos that often accompanies cases with self-represented litigants. Presenting information in a clear, methodical way allows the judge to make an informed decision, one that should ideally favour the side that has most effectively marshalled its evidence. 

Manage Client Expectations 

One of the trickier aspects of dealing with self-represented opponents is addressing our own client’s perception. Clients may feel uneasy if they see us seemingly “helping” the other side by clarifying procedures or facilitating the admission of the self-represented litigant’s evidence (if it is admissible). We must explain that our role is to assist the court, not just to oppose the other side at every turn. 

It is critical for clients to understand that an orderly, coherent proceeding helps everyone, including them. If lawyers leave matters disorganized and the judge has to sift through confusing material, they may inadvertently fill gaps in ways that do not favour our clients. By helping maintain a proper structure, lawyers show respect for the judicial process while safeguarding their client’s interests. 

A tactful approach is to assure clients that we are not betraying them by offering procedural courtesy. Rather, we are demonstrating professionalism and making certain that the judge has the clearest possible understanding of the evidence. In the end, this reduces the risk of unfavourable assumptions or decisions made on incomplete or poorly presented information. 

Conclusion 

Working opposite a self-represented litigant can test a lawyer’s flexibility, patience, and organizational skills. The court will usually give the self-represented party latitude in procedure and evidence, but our role as counsel is to remain a reliable anchor in the courtroom. Properly structured arguments, comprehensive organization, and calm professionalism do more than just present our case effectively—they also reassure our clients, maintain the court’s confidence in our advocacy, and ultimately help achieve the best possible outcome. 

Whether you have a professional interest in family law or are an individual seeking insight into the legal process, this series is designed to inform and empower. Stay tuned for the next installment on preparing for trial as we continue to explore strategies, challenges, and solutions tailored to family law litigation.