Our legal system is built on formal procedures, specialised knowledge and a hefty amount of jargon. In this landscape, self-representation is not an easy path, but one which many people have little option but to travel.
Litigants in person (LiPs) have to navigate their way through complex legislation and case law without the expertise of a trained solicitor or barrister to map the way. While a variety of resources for legal research is available, the accessibility, comprehensibility and relevance of these materials can be exclusive. As a result, many LiPs face information barriers that limit their ability to effectively advocate for themselves.
In compiling A Guide to Reliable Sources of Legal Information for Litigants in Person, my aim was to draw together a range of legal resources and provide an overview of what was available to LiPs. Yet it also serves to reveal critical gaps in access.
Primary sources such as BAILII (British and Irish Legal Information Institute) and legislation.gov.uk offer free access to case law, statutes, and other legislative documents. However, these materials are often dense and written in technical legal language, requiring interpretative skills that most non-professionals lack. Without additional context or explanation, these primary resources are limited in their utility for LiPs who must quickly and independently interpret complicated statutes and precedents relevant to their case.
Beyond primary sources, the key practitioner texts which are recognised as authoritative commentaries, such as Archbold Criminal Pleading, Evidence and Practice, are prohibitively expensive for most individuals and are generally not available in public libraries. The RRP of Archbold is currently in excess of £400 and will be out of date by October. In academic or specialised libraries where these works may be housed, admission policies limit access. Aside from the issue of physically accessing these commentary sources, many will be very difficult to digest.
A formidable barrier for those representing themselves is the specialised language used in law, which remains largely inaccessible to the general public. While there are secondary sources, such as textbooks for students and DIY guides aimed at the layperson that offer simplified explanations, these are often general overviews and lack the depth or specificity needed for complex legal cases. They would certainly be frowned upon if cited in court.
For example, a simplified guide may provide general insights into family law but is unlikely to offer tailored guidance for complex child custody disputes involving overlapping jurisdictional issues. Similarly, introductory textbooks may be more user friendly, but are typically designed for law students with foundational training, rather than laypersons who may lack both context and prior knowledge. Guides for LiPs from organisations such as Citizens Advice and Advicenow are invaluable starting points, but these cannot cover every possible legal scenario, nor can they replace in-depth legal research.
Helpful primers
So much material that might be useful, such as short form journal articles which may be more digestible, are often behind paywalls. Barristers’ and solicitors’ blogs and articles hosted on the websites of chambers and law firms can also provide really helpful primers, but they are not encyclopedic.
Public libraries are often the first port of call for those who do not have access rights to university or specialist library collections. However, public libraries in the UK generally lack comprehensive legal collections. While some libraries, such as the British Library and certain City of London libraries, do maintain some specialised collections, most have little in the way of legal materials, which are prohibitively expensive for existing budgets. For LiPs residing outside major metropolitan areas, these limitations make it difficult to obtain even the most fundamental legal texts.
In legal research, online databases are an essential tool for tracking down case law and legislation, and identifying if it is ‘good law’. But these require a paid subscription. Additionally, without prior experience in legal research, many LiPs will find it challenging to navigate online legal databases effectively. When researching the holdings and services offered by public libraries in London boroughs, I was unable to find any that subscribed to either of the two biggest legal databases, Lexis+ and Westlaw (I would love to be proved wrong on this point). This is perhaps unsurprising given the cost and the pressures on public library budgets, but it further adds to the barriers to information that many LiPs will face.
There are, of course, many excellent organisations committed to helping LiPs understand procedures and what to expect when they get to court. While invaluable in offering emotional and logistical support, these services can only do so much. Without proper legal resources, LiPs cannot adequately prepare their case and are at a significant disadvantage when opposing a party with representation. Even with support, they may lack the foundational materials needed to argue effectively or present evidence persuasively.
Addressing the accessibility gap for LiPs requires a multi-pronged approach that involves both systemic changes in public access to legal resources and improvements in the availability of plain-language legal materials. Without access to comprehensive, up-to-date legal resources, LiPs remain at a structural disadvantage in a system that presumes legal expertise.
A Guide to Reliable Sources of Legal Information for Litigants in Person is available to download for free
Sally Mclaren has been a law librarian for more than 20 years
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