Coaching is essential if you currently are or are planning to act as a Litigant in Person (LIP), or if you choose to hire legal representation.
The UK legal process is very complex. The law is run like a business for profit purposes. It is the Government that profits from the court fees. The legal professionals also make a good profit as they charge large fees for their services. The larger the amount you pay to a solicitor/barrister, the more likely it is that you will get the justice you are buying into.
The Courts have NO sympathy for LIPs who fail to understand the legal system and process, and or don’t have enough private funds to engage legal professionals to represent them in lengthy legal proceedings.
The lack of understanding of the complex legal process in England and Wales and lack of direct hands-on management in your case could drive you into a lengthy legal process and spending unnecessary legal fees for a longer than expected time period. Judges can also call you, as Lord Wilson has enjoyed this very much in his Judgments, that women are mudslinging their husband when they file appeals.
When you choose to be a LIP, you are the driver of your own case. Our aim is to provide you with legal guidance and train you on how to behave when you are in Court, what you need to know and ask a Judiciary, and what you must understand about the legal system and procedure when in Court or outside of the Court.
As a LIP you probably have experienced first-hand:
- hardship and uncertainty when attending court alone;
- mental blockage when a Judge, positioned on a much higher level than your bench, asks you questions and puts you on the spot to face difficult immediate decisions; and
- inability in providing proper legal arguments to persuade the Justice and defeat the opposing party.
You have to remember that not all Judges act in good faith and according to their Judicial Oath. Some Judges have entered the judicial system based on favourism and not intellect, others have disabilities which they have not disclosed to the public or their superiors and cannot perform the basic functions such as properly reading and writing, although such Judges pretend to be normal and act in a just manner. They fail at their job and they fail you.
Do you know how to persuade a Judge with your facts, points of law and your points of view?
If you experienced and were involved in an abusive relationship and then you are forced to face the abuser in Court, we understand that you are NOT capable to persuade anyone. You are NOT able to deal with your case in a coherent and persuasive manner. What you need is all the help you can get to change you and make you into a stronger person who can first realise that you were abused, then learn how to face the abuser, and finally understand the situation you are in and what a Court demands and expects from you. We know because we have been through this situation and we developed a winning technique to make you a winner in the Courtroom even if faced with your abuser and manipulator of the Justice System.
• You probably had a Judge who was staring at the clock on the Courtroom wall more than at you and rushing you to make the points you wanted to make;
• You probably had a Judge who constantly communicated to you that your application is blocking other more important cases waiting to be heard and involving minor children;
• You probably did not know what to say to the Judge when with his/her body language (not captured by the voice recording system in the courtroom) rushed you and blocked you mentally thus stopping you from making your points coherently and allowing you to persuade the Judge;
• You probably heard a number of times during your oral application that you were not persuasive enough;
• You probably did not know how to interrupt a Judge when he/she made mistakes in facts and proceeded with the wrong facts to decide on your case as you were told not to speak;
• You probably noticed that the other party constantly misled the Court and you could not believe it that such behaviour was acceptable by the Judge and this permanently muted you as you believed that the Justice will see right through the deceiving party;
• You probably did not know what to say to a Judge as you felt timid, unsure that you should say something, if anything, that could upset the Judge;
• You were previously told to be polite in front of a Judge so that the Judge can have sympathy towards you;
• You probably were told to keep quiet on certain points and not take further any issues that could upset the Judiciary as justice will be denied for you if you pursue too much of the truth; and
• Probably many other issues that are still to come and added to this list and to our case studies and blog.
There is a solution for all of the above issues and you need to learn what you can and cannot say to a Judge. There is NO sympathy towards LIPs.
There are only lost cases for those who do not undergo early in the process the coaching training to learn how to be a good and efficient LIP in the presence of a Judiciary and how to know when and how to apply the procedures offered by the legal system.
When you choose to have Legal Representation, your responsibility is to instruct the firm of solicitors or direct access barristers; therefore, putting all responsibility on you and you alone to provide all the instructions. If you don’t provide the instructions or you give the wrong instructions, the fault for loosing the case is all yours.
Coaching is very important even before you choose to become a Client of a law firm because you ALONE are responsible to provide all the instructions. Advice is then given to you based on your provided instructions. All communication, coherent or not, is billable on an hourly bases at the very high rates by the solicitors, barristers and or direct access barristers.
Most individuals hiring legal representation are not aware that a solicitor cannot be held liable or negligent for any wrong doing as they only acted on instructions as they were provided by you. This is why from an early stage in any legal matter it is crucial that any individual who wants to become a Client of a law firm or chambers of barristers understands and has knowledge of the legal process, gets involved directly from an early stage in the matter and understands fully that he/she ALONE can be held liable for any mistakes that a solicitor/barrister may be making. The solicitors/barristers only act on the provided instructions. Whether or not you know how to instruct it is not their issue. It is your issue!
Cases brought on negligence grounds against firms of solicitors or barristers are hard to win, if not impossible. The process is long, costly and your file might for sure get lost during the investigation process. Therefore, if you choose to become a Client to a firm of solicitors coaching is crucial for you and your matter to succeed. It will give you a piece of mind that you provided the correct instructions on the most feasible time scale.
• Your solicitor is more concerned with being paid rather than getting all the documents from you;
• Your solicitor insists that you do not ask too many questions and allow for the professionals to do their job;
• Your solicitor finds fault with your documents on the day of the hearing and admits not reading the documents as they were too many and there was insufficient time for a full review;
• Your solicitor discusses your case on the day of the hearing and creates panic for you as you are not familiar with what the process will bring;
• Your solicitor threatens you with a high invoice if you call to seek advice and follow up on your matter;
• You cannot reach and you have no access to your barrister and your solicitor is nowhere to be found for days;
• Your direct access barrister does not live up to the standard description he/she has on the promoting website;
• Your direct access barrister does not get back to you for days after the hearing living you in a limbo as to what exactly happened in the Court and what is to happen next; and
• Many others as they will be added on this list, in time.
Coaching is an essential element in your Divorce and Separation process if you choose to be either a LIP or have legal representation.
Understand the UK Legal System before you choose to become a Litigant in Person or take on a Legal Representative.