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You may decide to represent yourself in a case before the court without a lawyer. That is your right and you are free to do so. Understand going in that it may prove difficult and tedious as a lawyer is trained and has all the available knowledge and tools while you do not. Having said that, you may, for reasons of expense or due to bad experiences with lawyers decide to represent yourself.

Some types of cases that persons may choose to represent themselves in, in Vanuatu have been matters of inheritance, adoption cases, enforcement of judgments and custody cases. These are relatively simply while other types of matters can be more complicated and will require you to do more research and more work.

Court’s do not usually like parties to be unrepresented as it can delay and prolong matters as the court has to move slower through processes and explain more. Nonetheless, the court will not place you at a disadvantage because of it. The Judge will try to accommodate and help you as much as he possibly can, within reason. You should try as much as possible to minimise the court’s frustration by always being prompt, respectful and prepared and never deliberately mislead the court.

If your reason for choosing self-representation is because you are unable to afford a lawyer then you may visit the Public Solicitor’s Office (PSO) which offers legal advice and representation in court to members of the public who may be unable to otherwise afford a lawyer. You will be required to pay a small fee of approximately VT1,500 for the whole case but do enquire as these fees may have changed. The PSO has offices both in Port Vila and Santo.

There are certain resources you should be aware of and familiarise yourself with to help you along the way. Try to get a copy of the Civil Procedure Rules of the court as this will guide you in the procedure to follow in your matter and may have some relevant forms you can use. You may find a copy of it on Paclii. The Paclii search engine (www.paclii.org)is also a good resource for legal research to try to find cases and laws both in Vanuatu and the wider South Pacific that are relevant to your matter.

These are some of the things you should be careful to do for yourself:

1. Once you file your case or take over from your lawyer you should ensure that any documents you subsequently file clearly contain all your contact information such as telephone number, email address and living address, along with an address you may wish your documents to be served at. If you do not provide this information it will be difficult for the court to contact you about hearing dates and other matters.

2. Make sure you have the court’s telephone number and email address of the secretary to the Judge before whom your matter is. This information will allow you to immediately contact the court if you will be late, are ill or cannot otherwise appear in court, as well as seek clarification of any orders or instructions given by the Judge. It is always important to inform the Judge, through his secretary if you will be late or unable to attend court. Remember that even if you do not have a lawyer you can still be liable in costs for delaying or frustrating court processes.

3. Once you file any paperwork with the court there will be deadlines to follow, either deadlines imposed by the rules of court or by the court itself. You must endeavour as much as possible to obey these deadlines. While the Judge may be understanding because you are representing yourself the Judge will not bend over backwards to accommodate you to the detriment of the other party. If you do miss deadlines make sure you have a very good explanation for the court. Missing important deadlines could result in your case being thrown out of court.

4. Because you are self-represented it is not an excuse to present substandard or incomplete work to the court or work that is not clear and helpful. Make sure that anything you write or say to the court is clear and that you have identified the important facts and have proof, such as documents or witnesses to verify the truth of what you are saying. Make sure that you are quoting and applying the relevant rule or law to your facts. It will not be enough to just tell the court what you believe and what you think. Try not to complicate things and confuse the court with irrelevant or unimportant facts. Know exactly what you are coming to ask the court for and ask for it in writing and verbally.

5. Always be respectful to the court. Don’t try to be overly nice with the Judge as that is more likely to work against you and make the Judge think you are trying too hard and want to win his favour. Ask the secretary or clerk of court in advance or before going in to court how the Judge should be addressed. Try your best to be polite to the lawyer or party on the other side, not demeaning or petty. Showing respect for others and the procedures of the court will help to gain you the respect of the Judge and will make your experience much better. Always dress appropriately and be well groomed. Think of how you might dress to visit the President at an official meeting and that will help you to know what to wear.

6. No matter how frustrated you might become in court while your opponent or his lawyer is speaking do not interrupt, especially not when the Judge is speaking. You will be given your chance to tell your side of the story.

7. Being respectful does not mean allowing yourself to be bullied by the lawyer on the other side. When you are self-represented some lawyers may try to take advantage of your lack of knowledge and experience. If you feel you are being bullied bring it to the attention of the Judge. A Judge will always make an effort to keep the proceedings understandable and will take steps to rein in a lawyer who tries to take unfair advantage.

8. If you are not sure of how to proceed in the court or do not understand the directions of the court clearly always ask the Judge. The Judge will be willing to walk you through what you need to do, e.g. prompt you when it is time for you to cross-examine a witness or reply to an argument and the Judge will always prefer to explain or clarify his directions while you are in court so you leave knowing what is expected rather than allow you to file an incorrect document which will only delay the matter.

If you follow these simple guidelines they will help to enhance your experience before the court, and together with the work you will put into preparing and representing your case you could very well come out with a favourable result. Remember, the court is not there to spoon feed you. You have chosen to represent yourself and therefore you must do the work necessary that will allow the court to make a decision in your favour.

DISCLAIMER – This is a legal column to provide basic information on the law and court procedure. It is not to be used as a substitute for legal advice but to be used only as a starting point in understanding what you might need and what you might need to do.     

If you have any questions or require clarification on the above please contact the writers at vanuatulaw@gmail.comor contact us at website www.pawthelaw.info