Self-Representation in civil litigation in Sri Lanka: Insights from a Law Firm from Alicia Reno's blog

Civil litigation is a crucial aspect of the judicial process in Sri Lanka, providing individuals and entities with a legal avenue to resolve disputes that arise in various aspects of life, including contractual agreements, property disputes, and family matters. While traditionally, representation by civil lawyers in Sri Lanka is the norm in civil litigation, there is an increasing trend of self-representation in such matters in Sri Lanka, drawing insights from professionals and the best law firms in Sri Lanka.

The Concept of Civil Litigation

Self-representation, often referred to as “pro se” litigation, is the act of an individual representing themselves in court without the assistance of a litigation lawyer in Sri Lanka. In many jurisdictions, the right to self-representation is a fundamental aspect of the legal system. The Constitution of Sri Lanka guarantees every citizen the right to seek redress from the judiciary, and this includes the right to represent oneself in court.

While this concept may appear empowering, offering individuals greater power over their legal matters and potentially reducing costs, it also presents significant challenges. Civil litigation is a complex process, requiring a thorough understanding of such procedures, evidence rules, and the substantive law relevant to the case. Therefore, self-representation can be a daunting task, especially for those unfamiliar with the legal system.

The Legal Framework in Sri Lanka

The legal framework governing civil litigation in Sri Lanka is primarily based on the Civil Procedure Code, which outlines the rules and procedures that parties must follow when bringing a civil action before the courts. This includes procedures for filing a lawsuit, serving documents, conducting pre-trial activities, and presenting evidence in court. The code does not prohibit self-representation, and individuals are free to represent themselves, at any stage of the litigation process.

However, the complexity for the Civil Procedure Code, combined with the specialised knowledge required to navigate the court system, makes self-representation a challenging endeavour. Moreover, the adversarial nature of the litigation process can place self-represented individuals at a disadvantage when facing experienced civil or corporate lawyers in Sri Lanka from the opposing party.

Challenges of Self Representation

1.      Lack of Legal Knowledge and Experience:One of the primary challenges faced by self-represented litigants is the lack of knowledge and experience. The legal system in Sri Lanka is intricate, with numerous procedural rules that must be adhered to. For instance, the rules governing the submission of evidence, examination of witnesses, and the drafting of documents are all highly technical. A failure to comply with these rules can result in the dismissal of the case or an unfavourable judgement.

2.      Courtroom Procedures and Etiquette:Courtroom procedures and etiquette are critical aspects of the litigation process. Self-represented litigants often struggle with the formalities required in court, such as addressing the judge, making objections, and cross-examining witnesses. The lack of familiarity with these procedures can lead to confusion and errors, which may adversely affect the outcome of the case.

3.      Emotional and Psychological Pressure:Representing oneself in court can be an emotionally and psychologically taxing experience. The stress of managing one’s case, coupled with the pressure of appearing in court and arguing against trained professionals, can be overwhelming. This emotional burden can impact the litigant’s ability to effectively present their case.

4.      Time and Resource Constraints:Self-representation requires a significant investment of time and resources. Litigants must dedicate significant time to researching the law, preparing documents, and attending court hearings. For individuals with limited resources or those who are employed, balancing these demands can be particularly challenging.

5.      Risk of Unfavourable Outcomes:Due to the challenges mentioned above, self-represented litigants are at a higher risk of receiving unfavourable outcomes in their cases. The lack of legal expertise and experience often leads to strategic errors, such as failing to present crucial evidence or misunderstanding the applicable law, which can result in a loss at trial.

Potential Benefits of Self-Representation

Despite the challenges, there are potential benefits to self-representation that may appeal to certain individuals:

1.      Cost Savings:Once of the most significant advantages is the potential for cost savings. Legal fees in Sri Lanka can be quite substantial, and for individuals with limited financial resources, hiring a lawyer may not be a viable option. By representing themselves, litigants can avoid these costs and manage their cases within their financial means.

2.      Autonomy and Control:It allows individuals to maintain full control over their legal matters. Litigants can make decisions about their case without the need to consult with an attorney, which may be appealing to those who wish to have a direct role in the resolution of their dispute.

3.      Personal Growth and Understanding:For some individuals, the experience can be an opportunity for personal growth. By engaging directly with the legal system, litigants can gain a better understanding of the law and the judiciary process. This knowledge can be empowering and may be useful in future similar matters.

Insights from Law Firms: The Importance of Legal Guidance

While self-representation may seem appealing to some, law firms often advise against it for complex or high-stakes cases. Professionals in the field emphasise that the expertise of a trained attorney is invaluable in navigating the intricacies of the legal system. Lawyers are not only skilled in research and courtroom advocacy, but they also provide strategic advice that can significantly impact the outcome of the case.

Many law firms offer alternative solutions for individuals who are unable to afford full representation. These solutions may include limited-scope representation, where a lawyer provides assistance with specific aspects of the case, such as drafting documents or offering advice of courtroom procedures. This approach allows litigants to benefit from professional legal guidance while managing their cases independently.

Should You Choose Self-Representation When Faced with a Civil Litigation Case?

Self-representation in civil litigation is a complex and challenging endeavour that requires a thorough understanding of the legal system and the ability to navigate procedural and substantive issues. While there are potential benefits to it, such as cost savings and increased autonomy, the risks associated with it are significant. Law professionals and firms emphasise the importance of seeking legal advice, especially in complex cases, to ensure that litigants are adequately prepared and positioned for success.

For those considering self-representation, it is essential to carefully weigh the potential challenges and benefits, and to seek guidance where possible. The insights provided by law firms highlight the value of professional assistance in achieving favourable outcomes in civil litigation.