Represent yourself
By Melanie Chambers • Bankrate.com

Who is self-representing?
People who don't qualify for legal aid -- the criteria for which vary from province to province -- and those who can't afford a lawyer are increasingly turning to self-representation. "It's typically (the) lower middle class," says Turner.

Self-representation is also becoming more prevalent in family court, which deals with divorce and child custody proceedings. "You can't just walk away from these issues, unlike civil court, where things can go unresolved," says Lowe.

Family court is also seeing more self-representation because it has become more user-friendly. About 10 years ago, various family laws were rewritten in plain English to be more comprehensible to the public. As well, many documents and forms needed for court were made available online. "It's also set up in such a way that judges are much more hands on," says Turner. "They're trying to make it easier for individuals."

Because of the economic downturn, many self-representing litigants are also dealing with issues around credit card defaults, housing and financial contracts. "It's not that (self-representation) didn't exist before, but it may be on the rise because of the economy," says Lowe. "We're seeing a broader spectrum of issues because of the economy."

How to represent yourself
If you choose to represent yourself, there are several services available to help you. First, every Canadian is entitled to a free half-hour of counsel through a lawyer referral service. Check your phone book for the service in your area.

If you need more help, you can hire a lawyer on retainer for a portion of your case, such as drawing up documents and helping with research.

You can also request legal assistance for a reduced fee through provincial legal resource centres. "If you have a decent claim in civil matters, you can usually find a lawyer that's prepared to take it, even on a speculative basis," says Morton. Some representation is better than none at all, say some experts.

However, not everyone agrees. Turner explains that effective and adequate representation requires a serious commitment from beginning to end. "Unless I'm doing the whole enchilada, I won't do it," he says. "I can't help out a little and then stand back."

For those who can't afford to hire a lawyer, many are enlisting the help of a paralegal to help with pre-trial work.

Each province has non-profit organizations that provide free legal information: Ontario has Law Help Ontario, British Columbia has Justice Access Centres, Alberta offers Law Information Centres and Quebec has Community Justice Centres, to name a few.

What's next
Morton predicts that there will be a division between the family and civil court systems in the future -- family court will see fewer and fewer lawyers as it becomes more user-friendly.

There is also a push to make legal services more accessible. In the past few years, Quebec and Ontario have started to offer a pro bono lawyer service in response to the increase of self-representing litigants who can't afford a lawyer and who are not eligible for legal aid.

"We need to do find ways to better serve the needs of people who aren't finding their way into the justice system," says Lowe.

Melanie Chambers is a freelance writer based in London, Ont.