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There is a strange comfort knowing that an opposing party is represented by counsel. Two legal practitioners are both familiar with the rules of civil procedure, and while they take opposed positions on the merits of the litigation, typically, they both have an interest in efficiently guiding their respective clients through the civil litigation process.
While this likely paints a much too rosy picture of litigating opposite counsel, there is no doubt that self-represented litigants ("SRL") can pose challenges for inexperienced lawyers. SRL's are often unfamiliar with the rules of civil procedure and, intentionally or unintentionally, this can mean that SRL test the rules in novel or unconventional ways. Things can go off the rails, and costs can quickly balloon for your client if you're not prepared.
So how can you keep the litigation on track?
Hold hands when you can. The vast majority of matters with SRL involve well-intentioned people who feel wronged and are doing their best to navigate a complex legal system. If you start from this position as a default, and cooperate with SRL's when possible, you'll likely find that mundane procedural issues stay mundane. Not every minor procedural matter needs to be a principled fight. The professional courtesies that are typically extended to opposing counsel should also be extended to SRL. Things like adjournments and selecting dates that work for both parties should not become a protracted dispute. In situations where an opposing lawyer abuses or takes advantage of some of those professional courtesies, those professional courtesies may be curtailed or completely ended, and the same can be done for SRL. However, it's important to remember that the default or start position should be to extend those same courtesies.
Refrain from wading all the way into the fray. A lawyer's role is to zealously advocate for their client, and unfortunately, it doesn't permit them to maintain Switzerland-like neutrality. However, your client likely hired you for your sound legal advice. When a lawyer becomes personally involved in a matter, they can lose their objectivity, which can impact the quality of their legal advice.
The invitation from a SRL to jump all the way into the fray might come in a variety of forms. It can be aggressive emails, heated phone calls, or antagonistic social media posts. No matter the form it comes in, the important thing is to remain your client's trusted legal advisor and not become their tag-team partner. Grow a thick skin and be the lawyer your client needs to deal with the matter at hand.
Know the rules. Familiarizing yourself with the rules of civil procedure is another great way to ensure things stay on the tracks. A SRL may provide an Affidavit of Documents that only contains self-serving documents, as opposed to one that contains all documents that are directly relevant to the matters at issue. Knowing the rules may help your client efficiently overcome this problem. There's a litany of other similar examples that can arise during the litigation process, but they all have the same punchline: Knowing the rules of civil procedure and how to use them can help your client efficiently overcome procedural hurdles that SRL may raise.
Prepare for the worst and hope for the best. The overwhelming majority of experiences with SRL will present similar challenges to litigating against opposing counsel. However, SRL can, and often do, take unconventional tactics and do unexpected things mid-litigation. It's important to be ready for these types of things and with this in mind, I leave you with the following four thoughts:
- Write demand letters as if they will be posted to social media;
- Speak on the phone with SRL as if you're being surreptitiously recorded;
- Craft without prejudice correspondence as if it will be filed in Court; and
- Paper your file with a SRL as if a Law Society Complaint is imminent.
Originally published by Canadian Lawyers Insurance Association, 4 February 2026
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
