Issue link: https://digital.canadianlawyermag.com/i/642579
In 2011, University of Windsor law professor Julie Macfarlane saw the need to take a closer look at the growing phenomenon of self-represented litigants in Canada. She started a massive research project – the first of its kind – to look beyond the numbers. "The numbers only tell us that there are more people; it doesn't tell us why." The assumption used to be that those who go to court without a lawyer do so because they think they can do as good a job or better. Macfarlane knew there had to be more to the story. "We were doing what we often do in the justice system, which is think we already know the answer to a very complex question – why self-represent? – so we don't bother to actually ask people." Macfarlane's research was the first to engage this number of self-represented litigants. Her groundbreaking work has now been replicated in five U.S. states. "The most important reason that people are doing this is because they can't afford lawyers. And when people go to court without lawyers, they're often not going to do as well – and experience additional stress, anxiety, and overall dissatisfaction with the justice system. This means more problems for both litigants and those who work alongside them in the courts." The National Self-Represented Litigants Project (NSLRP) developed out of Macfarlane's study, which was published in 2013. NSRLP works on extending what we know about self- representation and its consequences, developing resources for self-represented litigants, and promoting dialogue and collaboration between self-represented litigants and legal professionals. It aims to raise awareness about self-representation as a key part of access to justice, and to promote potential solutions – like offering limited services to the self-represented and improving online resources. Macfarlane says, "The self-represented need and want expert assistance. Most are not doing this as a choice, but as a matter of necessity. We need to rise to the challenge and show them that the justice system can adapt and offer practical, compassionate assistance. That's what access to justice is all about." Julie Macfarlane 30 FLIP YOUR WIG