Do It Yourself

Do you remember all those daft window stickers in the 80’s that went something like “train drivers do it standing up”,  or “train drivers like to ride at the front”, or “train drivers do it in platforms”. Well, I never really understood them. They seem like a saucy postcard that’s gone a bit wrong. So I’ve got some for you: –

• “Lawyers do it slowly”
• “Lawyers do it expensively”
• “Lawyers do it unsuccessfully”
• “Lawyers do it uncaringly”
• “Lawyers do it rarely”
• “Lawyers do without telling you”

Any of these ring a bell for you? How about

• “Lawyers do it because you can’t”.

But I’m A Lawyer

I’m a lawyer; a clinical negligence lawyer and I have been for the best part of 20 years. If the anecdotes I hear from clients are anything to go by then all of the above are true –  apart from the last one. That should read, “Lawyers do it because you think you can’t”. I am now of the sincere  belief that the ordinary person can turn their hand to representing themselves in litigation and the courts, and yes, even to the law. So as a Barrister why do I say this when it probably flies in the face of the common beliefs of the majority of folk, will annoy everyone I work with and might as a concept even contribute to a reduction in my own income.

It’s Happening Like It Or Not

Firstly because I believe it to be true. Secondly because the origins of the commonly held belief that non-lawyers cannot represent themselves are in the legal profession (and we know that turkeys don’t vote for Christmas). Thirdly annoying lots of lawyers sounds like fun. Fourthly I don’t believe my income will be detrimentally affected (in fact I believe it will actually increase). Finally, and superseding any of the previous reasons, I believe it’s going to happen whether lawyers like it or not.

In an article called how much is clinical negligence costing the NHS, I talk a little bit about the fact that on 15 September 2023, the Government announced that it will introduce a new legal costs regime and a streamlined process for clinical negligence claims with a damages value of £1,501 to £25,000 in England and Wales. It is proposed that these changes be implemented for all new claims from April 2024.

This is, of course, utterly dull (imagine having to work with it?) but it DOES make a difference. The headline reason for these changes is to save the NHS money in clinical negligence costs of legal representation by simply paying lawyers less on low value claims. Fair enough you may say and I wouldn’t disagree with you. However, removing money from this area will undoubtedly reduce the number of lawyers available in the sector. So I believe that more people who feel that they have a genuine medical negligence claim will either not bother to pursue it or attempt to pursue it without the aid of a lawyer. It’s not illegal to do so and I think it can be done.

It Won’t Be Easy

What I would stress is that it will not be easy. I am also not saying I would recommend it but then what do you do if you have no money to pay for the services of a so-called fat cat lawyer such as myself and no such lawyer who wishes to represent you on the traditional no win no fee basis?

You do it yourself. If this is why you are reading this then thank you and welcome to the wonderful world of clinical negligence, you are now a litigant in person.

Get Automatic Updates

Bookmark this page now as each week I will be adding links to downloadable documents designed to support you through the clinical negligence process. If you want to receive updates as the new articles go up then fill out this form and you will get them automatically.