The Wild West. This is often how I describe Small Claims Court proceedings to my clients when the opposing party is a self-represented litigant. As recent calls, many of us have the opportunity to carry our own small claims matters. In sharing some of my experiences with colleagues, I have noticed a similar trend across the board: more often than not, no matter how strong my client’s case might be, small claims proceedings involving self-represented litigants are consistently more lengthy, costly and emotionally taxing for all parties involved.
In thinking about these challenges, I have noted some takeaways to keep top of mind in any matter with a self-represented litigant.
1. NEVER FORGET YOUR OBLIGATIONS UNDER THE RULES OF PROFESSIONAL CONDUCT
In a matter involving a self-represented party, it is inevitable that somewhere along the way, a self-represented litigant will ask questions that should be a red flag for any lawyer. These can be as banal as “when should I file this by?” Our Rules of Professional Conduct require that we ensure that (1) self-represented litigants are not under the impression that their interest will be protected by us and (2) that it is made clear to self-represented litigants that we are acting exclusively in the interests of our client.
Always being mindful of this during your interactions with a self-represented litigant, and in responding to the self-represented party, may be useful down the road. Making an effort to follow-up to confirm the substance of in-person or telephone conversations in writing will prevent any confusion.
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