Tiyce & Lawyers Principal Michael Tiyce was quoted in a Lawyers Weekly article this week, examining the rise of self-represented litigants — often referred to as “DIY justice” — and the growing strain this trend is placing on the legal system.
Affordability the main driver
In the article, Michael points to affordability as a central factor, noting that “cost is usually the primary driver. Litigation is time-consuming and requires a full compliance with rules and directions.” His comments reflect the reality that, as legal fees continue to rise, more individuals feel compelled to navigate the system on their own — even in complex matters where the risks are significant.
Other drivers of the shift
However, the article makes clear that cost is only part of the picture. It also highlights broader structural and technological shifts contributing to the trend, including the increasing availability of online legal resources and the rapid rise of AI tools. These technologies can give people a sense of confidence that they can manage their own case, lowering the perceived barrier to entry — even if they don’t fully understand the procedural and strategic complexities involved.
New challenges
Michael’s observations align with concerns that, while self-representation may appear to improve access to justice, it often creates new challenges in practice. Courts are required to manage parties who may not fully understand legal processes, leading to delays, inefficiencies, and additional pressure on already stretched judicial resources. The article suggests that matters involving self-represented litigants can take longer to resolve and may place opposing parties — and the court — in difficult positions.
At the same time, Michael’s comments highlight the demanding nature of litigation itself. His reference to the need for “full compliance with rules and directions” underscores how unforgiving the system can be for those without legal training. Even with the assistance of AI or online tools, navigating evidence, deadlines, and courtroom procedure remains complex and high-stakes.
Overall, the article frames the rise in DIY justice as a multifaceted issue driven by cost pressures, increased access to information, and evolving technology.
Michael’s contribution reinforces the core tension: while more people are attempting to take control of their legal matters, the system they are entering is not designed to be easily navigated without professional expertise — creating risks not only for individuals, but for the efficiency and fairness of the justice system as a whole.
Read the full article on Lawyers Weekly here: https://www.lawyersweekly.com.au/sme-law/43944-diy-justice-the-surge-of-self-representation-and-its-toll-on-the-justice-system
