LEGAL PRINCIPLE: CIVIL PROCEDURE – Right of Litigant to Conduct Case in Person – Legal Practitioner as Litigant
PRINCIPLE STATEMENT
A legal practitioner who is a party to proceedings has a right to conduct their case in person as any other member of the public; when they do so, they conduct the case as a litigant, not as a legal practitioner representing themselves; the characters of litigant and legal practitioner cannot be mixed.
RATIO DECIDENDI (SOURCE)
"A legal practitioner who is a party to proceedings has a right to conduct his case in person as any other member of the public. When he does so, he conducts the case as a litigant, not as a legal practitioner representing himself. The characters of litigant and legal practitioner cannot be mixed."
EXPLANATION / SCOPE
Self-representation is a fundamental right extending to lawyers. When lawyers conduct their own cases, they act as litigants (parties exercising self-representation rights), not as lawyers representing themselves professionally. This distinction matters for: (1) Professional conduct rules—inapplicable when acting as litigant; (2) Restrictions on lawyer appearances—don’t apply to litigants; (3) Costs—litigants in person generally can’t recover professional fees. The principle prevents creating a special lawyer-litigant category with hybrid status. Lawyers conducting their own cases have identical rights and obligations as any self-represented litigant—no special treatment or restrictions. Courts treat them as litigants, not as lawyers. This ensures equality before the law and prevents arguments that lawyers must be treated differently when they’re parties.