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Hard times, hard choices

10 April 2008 / Sir Geoffrey Bindman KC
Issue: 7316 / Categories: Features , Legal services , Procedure & practice , Costs
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Heather Mills had the luxury of choosing whether or not to represent herself, but what about the plight of poorer litigants? asks Geoffrey Bindman

The decision by Heather Mills to sack her lawyers and conduct her own case against her former husband, Sir Paul McCartney highlights basic questions about our judicial system.

Of course, she is by no means the stereotypical litigant in person. The well-heeled tabloid millionaire celebrity bears no resemblance to the shambling rain coated figures tramping the corridors of the law courts, tattered documents spilling from a carrier bag, whom I remember from my early days in the law. But times are changing. The costs of legal representation are daunting even for those who can afford to pay, and the steady erosion of legal aid leaves more and more people with no choice but to struggle through an unfamiliar process with little or no help. The litigant in person will become the norm as lawyers price themselves out of their own courts and governments refuse

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