18.1 Litigants may be unable to obtain legal representation because they cannot afford a lawyer or because no representative is willing to act on their behalf. Some litigants may choose not to be legally represented even if eligible for legal aid or able to afford legal representation. The apparently increasing presence of self-represented litigants in the civil courts has implications for the effectiveness, efficiency and fairness of the justice system at every level. Bias All too frequently, the burden of ensuring that the necessary work of a litigant in person is done falls on the court administration or the court itself. The justice system of Western Australia operates on the premise that lawyers will represent litigants in court.
People representing themselves are less likely to be adequately informed or prepared.
They may lack knowledge of court procedures. They may not understand the law and legal terminology. Moreover, they may not have the advocacy skills necessary to prove their cases. While it is generally the court administration, magistrates and judges who are required to assist the self-represented litigant, this practice renders the system vulnerable to claims of bias. The presence of self-represented litigants in the civil justice system has the potential to increase costs for all court users.