Unemployed law grads should help represent litigants in person, suggests Master of the Rolls

Young out-of-work lawyers could gain valuable court experience by assisting those without formal legal representation.

Addressing an audience at the LawWorks annual Pro Bono Awards earlier this week, Sir Terence Etherton suggested that law graduates who are unable to secure a training contract or pupillage after completing their studies could be tasked with representing litigants in person (LIPs) in court. Graduates could work out of one of the many pro bono clinics across the UK or even their own university advice centers to help guide those without any legal training or knowledge through court proceedings, he suggested. ‘[Law graduates] would have proper legal knowledge, skills training, would be subject to professional regulation and also be covered by pro bono or university advice centres’ professional indemnity insurance,’ he said.

Two birds, one stone?

While the scheme would gift aspiring lawyers with invaluable in-court experience and additional training while they continue to prepare for their careers, it also has the potential to help ease the backlog in British courts caused by the rise in LIPs while also improving access to justice for LIPs themselves. However, Sir Terence conceded that the scheme would not be as straight forward as it sounds. Graduates would need to be registered as trainees at their given pro bono or university advice centre and would need to receive training ‘akin to that already given by such organisations.’ They would also require supervision by lawyers who are either permanent employees of the centre or who have been provided pro bono by law firms and chambers.

Sources: Legal Cheek; Law Society Gazette

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