Working with Self-Represented Parties

On November 18, 2020, the Public Sector Lawyers section delivered an excellent virtual program How to Work with Self-Represented Parties in your Public Law Practice, chaired by John Park. John facilitated a discussion through questions and relevant scenarios, amongst the three speakers, the Hon. Justice Sheila Ray, Faye Kidman (Alcohol and Gaming Commission of Ontario) and Brian Osler (Ontario Motor Vehicle Industry Council). 

The program addressed practical tips for handling situations with self-represented parties as well as ethical considerations from the perspective of public sector lawyers.    

Faye Kidman noted that the Law Society of Ontario’s Rules of Professional Conduct address counsel’s obligations when dealing with self-represented parties.  She observed that Rule 7.2-9 on Communications with Self-Represented litigants emphasizes that lawyers must ensure that such parties do not think that opposing counsel represents their interests. Counsel may explain the processes involved to self-represented litigants, but not provide legal advice.  She also noted that Rule 5.1-2(i) requires counsel to put all relevant authorities before the tribunal or court.  The self-represented party may not understand the significance of relevant authorities, but counsel are obliged to introduce them, even if an authority does not assist their case.