Can you go to court without a solicitor?
Yes. Anyone can represent themselves in the courts of England and Wales. The real question is which parts of your case you can manage alone, and where expert help will make the biggest difference.
The short answer
You do not need a solicitor to bring or defend a case. People who represent themselves are called litigants in person, and they appear every day in the County Court, the Family Court, tribunals and the High Court. Judges are used to them and should explain procedure in plain terms, but they cannot give you legal advice or argue your case for you.
Going to court without a solicitor is now common, especially in family cases and lower-value civil claims, since legal aid was withdrawn for most of these in 2013. It can save a great deal of money. It also means you take on the work a solicitor would normally do: filing forms, meeting deadlines, preparing bundles and witness statements, and dealing with the other side.
What you will be responsible for
Forms and deadlines
Issuing or responding to the claim, filing the right forms and keeping to every date in the court's directions. Missing a deadline can lead to sanctions or judgment against you.
Evidence
Gathering documents, preparing witness statements with a statement of truth and complying with disclosure orders.
Bundles
Preparing an indexed, paginated hearing bundle in the format the court requires, often several days before the hearing.
Dealing with the other side
Corresponding with the other party or their lawyers, considering offers and taking part in mediation or other settlement discussions.
Speaking at the hearing
Presenting your case, questioning witnesses, responding to the other side's arguments and making submissions on the law and on costs.
Costs risk
In most civil cases the loser pays a share of the winner's legal costs. Representing yourself does not remove that risk if the other side is represented.
Support if you represent yourself
You do not have to do everything alone. A McKenzie friend can sit with you in court, take notes and quietly offer suggestions, although they cannot usually speak for you without the judge's permission. Charities such as Support Through Court, Advocate (the Bar's pro bono charity) and local law centres offer free help in some cases. Court staff can explain processes but not give advice.
In small claims, a lay representative may speak for you with the court's permission. For other cases, the most effective option is often to instruct a barrister directly under the Public Access scheme for the parts that matter most, while you handle the rest.
Instructing a barrister without a solicitor
Since 2004, members of the public have been able to instruct a barrister directly, without going through a solicitor. A Public Access barrister can advise you on the merits, draft key documents such as statements of case, witness statements and position statements, negotiate with the other side and represent you at hearings.
This is sometimes called unbundled help: you pay for expert work only where you need it. Many clients run their own case for routine steps and bring in a barrister for the final hearing, a contested application or an important piece of written advice. Public Access barristers do not usually conduct litigation, so you remain responsible for filing documents and correspondence, but the barrister can tell you exactly what to file and when.
Fees are agreed in writing before work starts. As a broad guide, attendance at a hearing usually starts from around £1,000, and a one-day trial or final hearing with a standard-experience barrister is commonly around £2,500 plus VAT, including preparation and a conference beforehand. The quote depends on the barrister's availability, the complexity of the case and the volume of papers.
Signs you should not go it alone
The other side has a barrister
An imbalance of representation at a contested hearing can be hard to overcome.
There is a trial or final hearing
Cross-examination and legal submissions are where specialist advocacy makes the biggest difference.
A lot is at stake
Your home, your children, a business or a significant sum of money.
There is a difficult legal point
Limitation, jurisdiction, expert evidence or complex financial disclosure.
You are facing a costs order
Advice on offers and costs exposure can save more than it costs.
You feel overwhelmed
Stress affects judgement. Even a single advice session can give you a clear plan.
How Clerk&Counsel can help
Tell us what your case is about, the court and any hearing date. We will check availability across our panel of independent, BSB-regulated barristers and come back with suitable counsel and a written fee before you decide. Clerk&Counsel is an intermediary and clerking service and does not itself give legal advice. Enquiring is free. If you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
Common questions
Can you go to court without a solicitor?
Yes. Anyone in England and Wales can represent themselves in court as a litigant in person. You can also instruct a barrister directly for advice or a hearing without a solicitor under the Public Access scheme.
Will the judge help me if I don't have a lawyer?
The judge will make allowances and explain procedure, and must make sure the hearing is fair, but cannot advise you or argue your case. You are still expected to follow the court rules and directions.
Can a barrister represent me without a solicitor?
Yes. A barrister registered for Public Access can take instructions directly from you, advise, draft documents and represent you at hearings. The barrister will first check your case is suitable for direct access.
How much does a barrister cost if I don't have a solicitor?
Fees are fixed in writing before work starts. Attendance at a hearing usually starts from around £1,000, and a one-day hearing with a standard-experience barrister is commonly around £2,500 plus VAT, including preparation and a conference.
Do I have to pay the other side's costs if I lose?
In most civil cases above the small claims track, the losing party is usually ordered to pay a share of the winner's costs. Family cases are different: each side normally pays their own costs unless there has been unreasonable conduct.
Clerk & Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. Barristers instructed through Clerk & Counsel are independent legal professionals regulated by the Bar Standards Board and are responsible for the legal services they provide. It is free to submit an enquiry; if you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
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