Running your own case

What being a litigant in person involves — and which parts a barrister can take off your hands

If you are conducting your own case without a solicitor, you are a “litigant in person”. You are responsible for running the case, but you can still instruct me directly for the parts that need senior advice or advocacy. This guide explains what running a case involves and where I can help. It sits alongside our note Instructing a barrister directly and the Bar Standards Board’s Guidance for Lay Clients.

What you are responsible for

As a litigant in person, the conduct of the case is yours. In practice that means you:

—File documents at court and serve them on the other side, and are the address for service yourself.
—Meet every deadline and comply with the court’s directions and disclosure duties.
—Keep your own records, correspondence and court bundle in order.
—Pay the court fees and deal with the day-to-day correspondence.

The deadlines are the danger. Courts expect litigants in person to follow the same rules as represented parties. A missed deadline or unanswered direction can cost you the case regardless of its merits. Put every date in a diary the moment you receive an order.

Where a barrister comes in — instruct for the parts that matter

You do not have to choose between running it all alone and paying for a full litigation service you do not need. You can instruct me for discrete, defined pieces of work while you keep conduct of the rest:

An opinion on the merits

A candid written view on whether your case is worth fighting, before you spend on it.

Drafting key documents

Your statement of case, a witness statement, or a skeleton argument for a hearing.

Representation at a hearing

I appear and argue the hearing that decides the point, then hand conduct back to you.

Advice at a turning point

A focused conference when you need to decide tactics, respond to an offer, or change course.

For each piece of work I will be clear, in writing, about exactly what is mine and what remains yours, and what it will cost — usually a fixed fee agreed before I start.

What I cannot do — and when you may need a solicitor

Barristers do not “conduct litigation” or handle client money, so I cannot file documents at court for you, correspond with the other side as your representative, or hold funds. If your case is highly document-heavy or complex, if you would struggle to manage court procedure, or if you may be eligible for legal aid (which must be arranged through a solicitor), a solicitor may be the better route. I have a duty to consider this throughout, and I will tell you honestly if I think you need one.

Staying on top of your case

Every court order and deadline diarised the day it arrives.
A single, ordered file of all documents and correspondence kept up to date.
Directions read in full and complied with on time — ask if anything is unclear.
Senior advice taken at the turning points, not after a wrong turn.

This guide is general information about conducting your own case and does not constitute advice on a particular matter. The scope and fee of any instruction are agreed in writing before work begins.

Barraj Legal — a trading style of Rhys Johns, a barrister authorised & regulated by the Bar Standards Board. Sophia House, 28 Cathedral Road, Cardiff CF11 9LJ