These notes are to help you understand what to expect (and what you cannot expect) from the Advocate for the other side in Court Proceedings, when you are acting for yourself.

• Be treated with courtesy and respect by the other side’s Advocate.  Likewise, you should treat them and their staff with courtesy and respect.
• If you telephone the Advocate, they may not always be available to take or return your call straight away and it may not always be appropriate for the Advocate to speak to you directly, although in that event you are likely to be told who you should speak to instead.
• Always better to put any proposals in writing.  Keep a copy for yourself.  You should receive replies in writing.  The Advocate will need enough time to take their Client’s (the other side’s) instructions before they reply to you, which you must keep in mind.
• Any letters that you receive from the Advocate should, wherever possible, avoid legal jargon, however, if you do not understand something, do not be afraid to ask the Advocate to explain it.
• If you send any documents to the Court for the Advocate to see, you should also send a copy to the other side’s Advocate.  Whenever the Advocate writes to the Court, they should also send a copy to you.  The Advocate is entitled to see anything that the Judge will see.
• The Advocate cannot give you legal or tactical advice but can explain Court procedures to you.
• The Advocate should use plain language in Court and if you not understand anything that is said, do not be afraid to ask the Advocate or the Judge to explain it.
• It is not out of the ordinary for those who are involved in a case to have discussions outside of the Court room before entering the Court and appearing before the Judge.  These discussions can be helpful in clarifying what is already agreed, narrowing down the issues that the Judge needs to decide on.  It does not mean that pressure is being placed on you to agree matters that you would prefer the Judge to decide.  You should not be surprised if someone from the Advocate’s office is there to take a note of a discussion so there is a record of it.  This is not intended to intimidate you but instead is for transparency. 
• The Advocate has a professional duty to their own Client.  They are obliged to present their Client’s case and to follow their Client’s instructions.  Any work undertaken by an Advocate may be at the expense of their Client and there may be, for this reason, a limit on the number of telephone calls or letters and emails they are able to make, or to which they can respond.
  
  

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COURT ORDERS

When the Court makes its decision, it will usually ask a party who has an Advocate to draw up the necessary Court Order.  When the Court makes an Order, both you and the other side’s Advocate need to be clear about what the Order requires everyone to do.  The other side’s Advocate will draft the Order for the Judge and will send you a copy so that you can inform the Judge if there are any parts of the Order that you think do not reflect what the Court decided.  The Order should only reflect the matters the Judge has decided and new matters, unless agreed, should not be added.

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MEDIATION

In most Court cases there is the option to attend mediation, especially in family proceedings.  This is where an independent Mediator will try to help both sides agree a reasonable settlement between them.  In all cases the Judge will expect both sides to have tried mediation before presenting to the Court and the Judge may adjourn a Hearing to give both parties the opportunity to consider mediation in the first instance.

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WHERE TO GET HELP

• Citizens Advice
• Isle of Man Courts
• Legislation