Dr. Julie MacFarlane at the University of Windsor Faculty of Law recently tweeted that "It’s Official: Being an SRL Makes You Nuts". This caught my eye because I have been thinking the same thing... That is, I mean, that the self represented litigant's (SRL) world couldn't be any unhealthier from the RPM perspective.

The Reasonable Person Model (RPM, see previous posts) suggests that an environment where people are able to participate in problem solving, where they feel respected and heard and where they are supported in examining and revising their own mental models is one which is likely to bring out the best in people. Conversely, an environment where these needs are frustrated is likely to do just the opposite.

Dr. MacFarlane is doing some desperately needed, helpful research on the crisis facing the increasing number of individuals in Canada who are unable to afford legal representation and who are trying to navigate "the system" on their own. In a recent blog post, she explained that one of the unhelpful and incorrect assumptions among the legal profession and judiciary is that self- represented litigants are just crazy, unreasonable people set on disrupting the courts. She writes:

The reality – as my study shows – is that most people are not intentionally vexatious or intentionally disruptive – they are just overwhelmed and unable to navigate a complex system. They are working as hard as they can to understand what they are supposed to be doing to meet the expectations of the legal system, without a lawyer."

While it may be tempting for some lawyers and judges to think this way, if we think about the environment that individuals in this situation are facing, framed in terms of the informational environment and human needs and inclinations, we should not be surprised that when SRLs come to court they may not be at their very best or that there may be very real negative psychological consequences. The environment SRLs encounter will generally be a very psychologically unhealthy one for anyone; I can't imagine an environment more likely to thwart the basic human needs the RPM describes.
Given that individuals who end up in court alone and unrepresented are, I think it is fair to say, already in some sort of crisis or they would not be there, turning their lives over to such an unfamiliar and unfriendly system would further jeopardize their well-being. It is not surprising that those without access to a lawyer could be lost in such a system. And as MacFarlane argues, there but for the grace of the universe go we all...
I believe that the RPM not only informs the problem for SRLs, but also highlights where the solution lies. Whatever is required - a restructuring of the environment or greater access to counsel through new service options - will require revising the mental models of those who create and maintain the system.

Originally posted on http://therpmproject.blogspot.ca

Julie's blog http://drjuliemacfarlane.wordpress.com