PREP TASK 1
1. Read the guidance given in ‘Litigants in person: Guidelines for
lawyers’ produced by the Law Society and Guide to Good
Practice For Family lawyers on working with Litigants in Person
produced by Resolution and write a brief letter to Mr Saddique
in accordance with Jessica’s instructions
POINTS TO NOTE [SRA CODE OF CONDUCT]
SRA Code of Conduct for Solicitors Para 1.2: do not abuse your position
by taking unfair advantage of clients or others.
SRA Code of Conduct for Solicitors Para 1.4: do not mislead or attempt
to mislead your clients, the courts or others either by your own acts or
omissions or allowing or being complicit in the acts or omissions of
others, including your client.
IMPORTANT TO NOTE: the litigant in person guidance for lawyers
[2015] was produced prior to the introduction of the 2019 SRA Codes of
Conduct [and so refers to the provisions in the old code].
LITIGANTS IN PERSON: GUIDANCE FOR LAWYERS PRODUCED BY
THE LAW SOCIETY:
IMPORTANT TO NOTE: the litigant in person guidance for lawyers
[2015] was produced prior to the introduction of the 2019 SRA Codes of
Conduct [and so refers to the provisions in the old code].
PARA 19: The first contact with a litigant in person might well set the
tone for the way in which the case is dealt with from the on. For
example, an initial letter from a lawyer might be the first indication the
litigant in person has that the dispute is serious. An initial letter should
briefly address the issues and avoid protracted, clearly one-sided and
unnecessary arguments or assertions.
Be aware that you have only heard your clients’ side of the story and
so the aim is to avoid unnecessarily antagonising the other party by
being judgemental or over-critical.
PARA 20: In your initial contact [and at other suitable stages in any
dispute], you should recommend to a litigant in person that they seek
independent legal advice or point them to other advice or support
agencies [e.g. law centre or citizens’ advice centre]
You might wish to consider enclosing a copy of an initial letter to be
passed on to a support agency or to any lawyer who is instructed.
So, bearing in mind that they may not be able to afford to instruct a
solicitor to obtain advice
PARA 21: You should take care to communicate clearly and to avoid
any technical language or legal jargon or to explain jargon where it
, cannot be avoided. A litigant in person is already feeling at a
disadvantage may be further intimidated and antagonised by the use
of such language.
PARA 22: You should take extra care to avoid using inflammatory words
or phrases that suggest or cause a dispute where there is none, or
inflame a dispute, and avoid expressing any personal opinions son the
litigants in person behaviour. Correspondence and telephone calls from
some litigants in person may emotive, repetitive, and potentially
hostile.
If any comment is absolutely necessary, then consider prefacing it with
quote ‘my client instructs me that…’
In some circumstances where there are allegations of abuse it may be
relevant to demand cessation of the abuse and indicate further action
to be taken it does not cease [e.g. an application to the court for an
order]
Again, it is good to be aware that these types of letters can raise the
temperature and/or litigant in person may find them threatening.
ON THE FACTS:
Writing to Mr S we need to use a moderate tone, avoid legal jargon and
request there be no repeats of the types of behaviours outlined to use
by J.
With J’s instructions perhaps suggest that they attend mediation to try
and resolve issues about Joshua as this seem to have been at the
centre of the incident that occurred in the street.
You should also advise him to seek independent legal advice, being
sensitive to the fact that he may not be able to afford a solicitor and so
suggesting for example a local Law Centre or Citizens’ Advice Centre.
The initial letter is an example of an alternative to court action
available to clients in the sort of situation where serious abuse is not
involved.
Depending on the type + severity of the abuse in question, other
possible causes of action could be the client contacting the police [it’s
worth noting the use of domestic violence protection orders and notice]
and/or assisting the client to find a place in a refuge or temporary local
authority housing if they are in fear of returning home to the
perpetrator.
LETTER STRUCUTURE EXAMPLE
Dear ____
We are instructed by x in respect to your son x
Our client has informed us…our client informs us that x, y and z
happened yesterday [i.e. shouting at her in the street etc]
if this behaviour continues, we have advised our client that she should
advise this matter to the police [because it is threatening behaviour,
and it should be taken seriously by the police] ….
, If this type of incident happens again and she should also consider
legal proceedings [i.e. non molestation proceedings]
In future if you wish to contact our client, please either write her an
email or communicate with us going forward [will be more expensive
for the client but this is up to her – upon her instructions]
Contact arrangements: According to her she wants it all his own
way/everything done on his schedule/not turning up to agreed visits.
On this basis [for the cheapness as an initial step because going
through the proper channels at the moment when she has the
treatment fresh in her mind where they might not be calm it is good to
go through the cheaper options first]
With respect to mediation [which will bring something to satisfy
something both sides i.e. they both get time with the child]. They could
agree certain times and days who gets what time with the child [i.e.
2nd weekend they go to their dad’s house + Monday night]
This is a parenting agreement [no set name but it is a plan i.e.
parenting plan agreement] + also consider holidays + school pickups +
birthdays etc
Make this doc as comprehensive as possible will flush out most of the
issues
If he is still not turning up, then you would take it to court
Anything that cannot be agreed could be taken to mediation but there
is no need if they haven’t explored putting it down on paper first on a
co-parenting plan and if anyone is going to mess around then it comes
immediately clear who is falling short.
Let us know any amendments you want to make, and we will respond
in due course?
If she does not want to release the child to him……refuse contact with
the child we would need to see if he’s abusive with the child?
unsuitable accommodation? Addict to drugs/alcohol?/abusive towards
the mother where the children are exposed?
Independent legal advice [resolution code of practice]
LETTER TO A LITIGANT IN PERSON
PAGE 7 OF THE TEXTBOOK
PAGE 313 LPC BUDDY
1. Read the guidance given in ‘Litigants in person: Guidelines for
lawyers’ produced by the Law Society and Guide to Good
Practice For Family lawyers on working with Litigants in Person
produced by Resolution and write a brief letter to Mr Saddique
in accordance with Jessica’s instructions
POINTS TO NOTE [SRA CODE OF CONDUCT]
SRA Code of Conduct for Solicitors Para 1.2: do not abuse your position
by taking unfair advantage of clients or others.
SRA Code of Conduct for Solicitors Para 1.4: do not mislead or attempt
to mislead your clients, the courts or others either by your own acts or
omissions or allowing or being complicit in the acts or omissions of
others, including your client.
IMPORTANT TO NOTE: the litigant in person guidance for lawyers
[2015] was produced prior to the introduction of the 2019 SRA Codes of
Conduct [and so refers to the provisions in the old code].
LITIGANTS IN PERSON: GUIDANCE FOR LAWYERS PRODUCED BY
THE LAW SOCIETY:
IMPORTANT TO NOTE: the litigant in person guidance for lawyers
[2015] was produced prior to the introduction of the 2019 SRA Codes of
Conduct [and so refers to the provisions in the old code].
PARA 19: The first contact with a litigant in person might well set the
tone for the way in which the case is dealt with from the on. For
example, an initial letter from a lawyer might be the first indication the
litigant in person has that the dispute is serious. An initial letter should
briefly address the issues and avoid protracted, clearly one-sided and
unnecessary arguments or assertions.
Be aware that you have only heard your clients’ side of the story and
so the aim is to avoid unnecessarily antagonising the other party by
being judgemental or over-critical.
PARA 20: In your initial contact [and at other suitable stages in any
dispute], you should recommend to a litigant in person that they seek
independent legal advice or point them to other advice or support
agencies [e.g. law centre or citizens’ advice centre]
You might wish to consider enclosing a copy of an initial letter to be
passed on to a support agency or to any lawyer who is instructed.
So, bearing in mind that they may not be able to afford to instruct a
solicitor to obtain advice
PARA 21: You should take care to communicate clearly and to avoid
any technical language or legal jargon or to explain jargon where it
, cannot be avoided. A litigant in person is already feeling at a
disadvantage may be further intimidated and antagonised by the use
of such language.
PARA 22: You should take extra care to avoid using inflammatory words
or phrases that suggest or cause a dispute where there is none, or
inflame a dispute, and avoid expressing any personal opinions son the
litigants in person behaviour. Correspondence and telephone calls from
some litigants in person may emotive, repetitive, and potentially
hostile.
If any comment is absolutely necessary, then consider prefacing it with
quote ‘my client instructs me that…’
In some circumstances where there are allegations of abuse it may be
relevant to demand cessation of the abuse and indicate further action
to be taken it does not cease [e.g. an application to the court for an
order]
Again, it is good to be aware that these types of letters can raise the
temperature and/or litigant in person may find them threatening.
ON THE FACTS:
Writing to Mr S we need to use a moderate tone, avoid legal jargon and
request there be no repeats of the types of behaviours outlined to use
by J.
With J’s instructions perhaps suggest that they attend mediation to try
and resolve issues about Joshua as this seem to have been at the
centre of the incident that occurred in the street.
You should also advise him to seek independent legal advice, being
sensitive to the fact that he may not be able to afford a solicitor and so
suggesting for example a local Law Centre or Citizens’ Advice Centre.
The initial letter is an example of an alternative to court action
available to clients in the sort of situation where serious abuse is not
involved.
Depending on the type + severity of the abuse in question, other
possible causes of action could be the client contacting the police [it’s
worth noting the use of domestic violence protection orders and notice]
and/or assisting the client to find a place in a refuge or temporary local
authority housing if they are in fear of returning home to the
perpetrator.
LETTER STRUCUTURE EXAMPLE
Dear ____
We are instructed by x in respect to your son x
Our client has informed us…our client informs us that x, y and z
happened yesterday [i.e. shouting at her in the street etc]
if this behaviour continues, we have advised our client that she should
advise this matter to the police [because it is threatening behaviour,
and it should be taken seriously by the police] ….
, If this type of incident happens again and she should also consider
legal proceedings [i.e. non molestation proceedings]
In future if you wish to contact our client, please either write her an
email or communicate with us going forward [will be more expensive
for the client but this is up to her – upon her instructions]
Contact arrangements: According to her she wants it all his own
way/everything done on his schedule/not turning up to agreed visits.
On this basis [for the cheapness as an initial step because going
through the proper channels at the moment when she has the
treatment fresh in her mind where they might not be calm it is good to
go through the cheaper options first]
With respect to mediation [which will bring something to satisfy
something both sides i.e. they both get time with the child]. They could
agree certain times and days who gets what time with the child [i.e.
2nd weekend they go to their dad’s house + Monday night]
This is a parenting agreement [no set name but it is a plan i.e.
parenting plan agreement] + also consider holidays + school pickups +
birthdays etc
Make this doc as comprehensive as possible will flush out most of the
issues
If he is still not turning up, then you would take it to court
Anything that cannot be agreed could be taken to mediation but there
is no need if they haven’t explored putting it down on paper first on a
co-parenting plan and if anyone is going to mess around then it comes
immediately clear who is falling short.
Let us know any amendments you want to make, and we will respond
in due course?
If she does not want to release the child to him……refuse contact with
the child we would need to see if he’s abusive with the child?
unsuitable accommodation? Addict to drugs/alcohol?/abusive towards
the mother where the children are exposed?
Independent legal advice [resolution code of practice]
LETTER TO A LITIGANT IN PERSON
PAGE 7 OF THE TEXTBOOK
PAGE 313 LPC BUDDY
