Views of Ontario Lawyers on Family Litigants Without Representation

Abstract

The increasing number of family litigants without legal representation poses significant challenges for lawyers, litigants and the justice system. This paper reports on a survey of 335 Ontario family lawyers about their experiences with litigants without legal representation and related access to justice issues. These lawyers report an increase in the number of family litigants without lawyers. They attribute this increase principally to lack of eligibility for legal aid and an inability to afford counsel, but also recognize such factors as a perception that lawyers increase the expense and complexity of resolving cases, and litigants’ belief that they can adequately represent themselves. Participants also recognized that some litigants have a desire to personally confront a former partner. Overall, lawyers report that cases involving litigants without representation take longer and are more costly for their clients to resolve; they also report worse outcomes for many of those without lawyers.