In fact, the study found that choosing not to hire a lawyer had a profound effect on their emotional and physical well being by trying to navigate the legal system alone. The study concluded that the consequences represent a social problem that requires recognition and attention. The cost savings are yet unknown.
The 18-month research project looked at 259 self-representing individuals in Ontario, Alberta, and British Columbia, equally divided by men and women. Slightly more than half started off with a lawyer, before choosing to represent themselves.
60% of litigants were representing themselves for family court matters, many of them involved in divorce proceedings. About 40% reported an income of less than $30,000 a year. 43% earned $50,000 a year or more.
While some said they were just fed up with the legal representation they had obtained, most cited the cost of hiring a lawyer as to why they chose to represent themselves. Julie Macfarlane, a law professor at the University of Windsor, said she was surprised at the enormous stress that litigants encountered just by representing themselves.
Some participants reported that they lost their jobs and felt isolated from their friends and family. Others lost so much sleep they fell sick. Macfarlane says while there is an increase of self-help on the internet, finding what is needed is a daunting and frustrating task.
The study urges the law community to consider creating more choices for clients in accessing lawyers — in particular in the financial structure of legal services.
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