Why I Only Accept Instructions Through Solicitors
Why I Don’t Accept Instructions from Litigants in Person (LIPs)
Recently, I’ve received a number of direct enquiries from individuals acting as litigants in person. These are people representing themselves in court without a solicitor or barrister. This blog explains why I do not accept instructions from litigants in person and why proper legal representation is essential in any court matter, particularly those involving forensic accountancy and financial crime.
What is a Litigant in Person?
A litigant in person is someone who conducts their own legal case without professional representation. While this is allowed in law, it comes with considerable risks, especially in complex matters such as POCA proceedings or cases involving expert financial evidence.
Why I Do Not Accept LIP Instructions
Whether a case is publicly or privately funded, I only accept instructions through a solicitor. Here are the reasons why.
Lack of Legal Framework
Solicitors provide legal structure and oversight. Without this, there is no guarantee that instructions are relevant, legally appropriate, or within the expert's scope.
Confusion About My Role
LIPs often expect me to support their case or challenge the other side, which is not my role. My duty is to the court, and I must remain entirely independent. This distinction is often misunderstood, creating potential problems for all involved.
Risk of Procedural Mistakes
Many LIPs do not understand how to comply with procedural rules like Criminal Procedure Rules Part 19 or Civil Procedure Rules Part 35. This can result in missed deadlines or improperly served documents, meaning the expert evidence may not be considered at all.
Presentation Issues in Court
Even a well-written expert report can be undermined if the person presenting it does not understand it properly. If a LIP misuses or misrepresents my findings in court, it can harm both their case and my professional standing.
No Legal Privilege
When a solicitor instructs me, our communication is legally privileged. This does not apply when working with a LIP. As a result, anything discussed can be seen or used by the opposing side.
Scope Creep
Solicitors are trained to instruct experts within clear professional boundaries. LIPs often make requests that fall outside the expert’s remit, such as legal advice or personal opinions. I cannot and will not provide this.
Uncertainty Around Payment
Without a solicitor managing engagement terms or applying for Legal Aid prior authority, there is no reliable payment structure. This applies to privately funded LIPs too, where there is often no written agreement or scope of work.
The Misuse of AI in Legal Proceedings
Another growing issue is the use of AI tools by people trying to handle legal matters themselves. I have seen examples of AI being used to generate instructions, explain legislation, or draft documents. Unfortunately, much of this content is inaccurate or misleading.
AI is a helpful tool for research, but it cannot replace legal knowledge, judgement, or ethical oversight. I have also seen cases where even solicitors rely too heavily on AI-generated material, which results in poorly prepared instructions or misunderstandings of the law.
Whether you are a LIP or a legal professional, using AI without proper review and context can seriously damage your case.
Why Instructing a Solicitor is Essential
Solicitors do far more than represent you in court. They ensure that:
Expert instructions are properly drafted
Rules and deadlines are followed
Legal privilege is maintained
AI-generated material is reviewed with legal knowledge
Expert evidence is understood and used correctly
In any case involving allegations of financial crime, POCA proceedings, or complex financial issues, having a solicitor gives your case structure, legal validity, and a much greater chance of success.
Final Thoughts
This blog was prompted by a noticeable increase in enquiries from individuals representing themselves. While I understand the reasons for wanting to go it alone, the risks are high. My professional obligations mean I must only accept instructions from solicitors.
If you need expert input in a criminal or financial case, speak with a solicitor first. Once instructed, I will be happy to help.
