Cost sanctions against self-represented litigants for incivility

By Barb Cotton and Christine Silverberg ( May 13, 2021, 1:52 PM EDT) -- One of the stresses for counsel acting opposite a self-represented litigant (SRL), which seems to be accentuated in family law litigation, particularly high-conflict litigation, is the frequent “incivility” of the SRL to opposing counsel. This incivility can often extend to the lawyer’s client and may extend to court staff as well. If the SRL were represented by counsel, that lawyer would be governed by the law society’s Code of Conduct to regulate his or her behaviour, especially written communications. An SRL’s conduct is not similarly proscribed....