In recent years, the legal landscape has seen a significant rise in Litigants in Person (LiPs) individuals who represent themselves in court without the assistance of a solicitor or barrister. This trend is driven by many factors, including reduced access to legal aid, the rising costs of litigation, and a belief that technology or “self-help” resources may be enough to navigate complex legal systems.

At the same time artificial intelligence (AI) platforms have gained popularity. They promise instant answers, low cost, and user-friendly explanations of legal issues. While these developments are understandable, they raise serious concerns when it comes to the rights, responsibilities, and outcomes of those involved in legal disputes.

What is a Litigant in Person (LiP)?

A Litigant in Person is anyone who brings or defends a case without professional legal representation. This could be in family proceedings, civil disputes, employment tribunals, or even more complex commercial litigation.

While some LiPs manage the process effectively, the vast majority face difficulties due to the technical, procedural, and evidential demands of the court system. Judges and court staff are not permitted to give legal advice, this means LiPs need to navigate the legal system without specialist advice specific to their individual matter.

Without professional guidance, LiPs often encounter:

  • Procedural pitfalls: Missing deadlines, filing incorrect forms, or misunderstanding court rules.
  • Evidential mistakes: Failing to gather, present, or challenge evidence properly.
  • Emotional strain: Navigating an adversarial process without support can be overwhelming.
  • Costly errors: What may seem like “savings” on legal fees can quickly turn into significant losses if the case is dismissed or adverse costs are awarded.

AI Platforms: Pros and Cons

There is no denying that AI platforms can be useful:

  • It can summarise legal concepts in plain English.
  • It can provide checklists or suggest initial questions to ask.
  • It can offer quick research support.

However, AI platforms are not a substitute for professional legal advice. Some key risks include:

  • Inaccuracy: AI can produce answers that are outdated, incomplete, or simply wrong.
  • Lack of context: AI cannot fully account for the nuances of your personal circumstances.
  • No responsibility: If AI provides incorrect guidance, there is no professional duty of care or recourse available.
  • Confidentiality issues: Sharing sensitive information with an AI platform may raise privacy and data protection concerns.
  • Phantom cases and law: AI is still developing, it can provide phantom cases or cases from different jurisdiction or may not be relevant to your case
  • Cost consequences: If you rely on AI, it may draft non-compliant or incorrect pleadings. The risk is that you may have adverse costs orders made against you if strike out applications are granted or if you/other parties need to amend statements of case if you later realise that your initial AI drafted pleadings are incorrect.
  • No professional protection: If you obtain advice from a solicitor that is negligent, you have a cause of action to pursue to recover losses due to the negligent advice. However, as AI has no legal personality therefore you cannot take legal action against AI if something goes wrong.

Why Using a Solicitor Matters

Solicitors bring far more than knowledge of the law. They offer:

  • Expertise: Years of training and experience in interpreting complex rules.
  • Strategic advice: Guidance tailored to your unique situation, including risks and opportunities.
  • Representation: Ensuring your voice is heard and your case is presented effectively.
  • Protection: A regulated profession bound by codes of conduct, confidentiality, and professional indemnity insurance.

Ultimately, the legal system is not designed for guesswork or “DIY litigation.” The stakes can be high, whether it involves your family, your finances, or your business. While AI can play a role in supporting understanding, it should never replace the judgment, strategy, and advocacy of a qualified solicitor.

Our Commitment to Clients

At Ellisons, we understand that navigating legal disputes can feel daunting especially in the cost of living crisis and rapidly evolving technology. We are committed to providing clear, accessible, and practical advice, tailored to your needs.

If you are considering representing yourself, or relying on AI tools to prepare your case, we urge you to speak with a solicitor first. The cost of early, professional advice is often far less than the risks of going it alone. AI can provide information, but only solicitors can protect and provide specialist advice and years of experience.

Contact a member of the Commercial Litigation team for specialist advice.