Posts Tagged ‘Alison MacLean’

Why people representing themselves in court are clogging the justice system

By Charlie Gillis - Monday, February 4, 2013 - 0 Comments

Do-it-yourselfers flood a system set up for lawyers and judges

Simon Hayter

Alison MacLean (Photograph by Simon Hayter)

She has been threatened with abduction, shaken down for bribes and stopped at gunpoint by hostile police. But nothing in Alison MacLean’s work as a combat camerawoman in Afghanistan has proved as scarring as the legal battles she has waged on her own behalf in B.C.’s family court system. They began in 2008, when after a messy divorce, MacLean learned at the last hour that her ex-husband was applying for the forced sale of their house. She was in hospital at the time preparing for a knee-replacement surgery. Instead, she raced to Vancouver’s Robson Street courthouse in time to attend a registrar’s hearing, where she succeeded in getting the action set aside. “My lawyer told me she couldn’t go speak for me that day,” recalls MacLean, 53. “I had no choice but to go. It was the first-time I self-repped, and it was a success. For me, that was a turning point.”

Three years on, MacLean is still fighting her ex in court, representing herself in all but the most complex proceedings. “I’m your average, middle-class working mom,” she says. “I don’t have access to huge amounts of money.” And while she’s honed her skills over 10 court appearances, familiarity hasn’t enhanced the experience. The justice system, she says, is set up for lawyers, judges and clerks—more than a few of whom make no secret of their exasperation with self-represented litigants. She can research case law, swear an affidavit and file documents as expertly as a paralegal. But when asked what it’s like to navigate this bewildering subculture on her own, MacLean doesn’t hesitate: “I prefer being in Afghanistan.” Continue…

From Macleans