Represent yourself
By Melanie Chambers • Bankrate.com

"In a perfect world, everyone would have a reasonable and competent lawyer," says James Morton, a teacher at Osgoode Hall Law School at York University, in Toronto. "Self-representation is seldom a prudent thing to do."

But in the past five years, self-representation in Canadian courts has reached epidemic proportions. Estimates from Ontario Family Courts suggest that almost 46 percent of litigants now represent themselves. "You might not see a lawyer an entire day in family court," says Morton.

This trend might appear to alleviate an already overtaxed justice system and save consumers money, but is it the smart thing to do?

Uneven playing field
From a murder trial in Supreme Court to a credit card default in a civil court, Canadians have the legal right to represent themselves. Whether they should is another matter.

"Our courtrooms today are filled with litigants who are not represented by counsel, trying to navigate the sometimes complex demands of law and procedure," said Chief Justice Beverley McLachlin in a 2007 speech to the Empire Club of Toronto.

A self-represented litigant will often take more time during a trial and use more resources and services than someone using a lawyer. Experts worry that without a lawyer, unrepresented individuals won't have the advantage of another set of eyes. "Part of the reason people come to see a lawyer is professional distance," says Greg Turner, an adjudicator in Berwick, Nova Scotia.

Once self-represented litigants finally get to court, the playing field can be quite uneven. "The judge gets drawn into trying to answer the questions that the self-represented litigant is posing or at least checking to see they understand what is happening," says Diana Lowe, QC, executive director of the Canadian Forum on Civil Justice. The result: a potentially biased verdict.

Legal costs run high
The cost of hiring legal help is the biggest reason why more Canadians are becoming their own lawyers.

According to a 2005 survey in Canadian Lawyer Magazine, hiring a lawyer with 10 years of experience for one hour ranges from $170 in Atlantic Canada to $260 in Ontario and Western Canada. The same survey reveals that the average cost of a two-day civil trial is a staggering $20,830.

Costs aside, another reason why more Canadians are representing themselves is because of the do-it-yourself mentality that has grown more popular during the recent economic downturn. According to research compiled by the Canadian Forum on Civil Justice, people think they can do a sufficient job on their own. "The Internet has helped with that because it gives people more access to information and helps to confirm that people can do things for themselves," says Lowe.