When you walk into a courtroom without a lawyer, it’s natural to assume the Magistrate will help you through. After all, you’re not trained in law, you’re doing your best, and you’re probably feeling out of your depth.
But here’s the reality: Magistrates aren’t there to give legal advice, correct your mistakes, or advocate for your side — and that can make self-representation a much riskier choice than it first appears.
Here’s what you need to understand:
- Magistrates must stay neutral
A magistrate’s job is to stay impartial — they can’t act as your guide or advisor. That means if you forget to raise a key point, fail to object when you should, or admit something damaging without realising, they’re not going to stop the proceedings to explain what you should have done.
- They assume you’ve come prepared
You might think you’ll get some leeway for being a layperson, but courts still expect you to know the rules of procedure and evidence. If you don’t know how to question a witness, introduce a document, or frame a legal argument, you’re at a disadvantage from the outset. Judges and magistrates can’t fill in the gaps for you — even if they can see you’re floundering.
- The court has limited time and patience
Self-represented litigants often take more time, make more errors, and unintentionally delay proceedings. That can test the patience of everyone involved — especially magistrates with crowded dockets. If you’re banking on leniency or sympathy, you may be disappointed. Efficiency matters, and the system rewards preparation and clarity — not just effort.
- The burden of proof and process still applies
In a criminal matter, the prosecution must prove the case beyond reasonable doubt — but that doesn’t mean you can simply turn up and hope for the best. You still need to challenge evidence properly, cross-examine witnesses effectively, and present your own case logically. The court isn’t going to fix it for you if you don’t know how.
- You can’t undo a bad outcome easily
Once a decision is made, appealing or fixing it is often complex, expensive, and sometimes impossible. Whether it’s a conviction, a final restraining order, or a failed unfair dismissal claim, the consequences are real — and often lasting. Magistrates make decisions based on what’s presented to them. If you don’t make the right points or ask the right questions, you can’t expect a fair result just because you were doing your best.
So, what’s the better option?
If you’re serious about your matter — and if you’ve found your way to this blog, chances are you are — then the smartest move is to get proper legal advice from the start.
At Fraser & Associates Lawyers, we appear in court daily. We know how to present your case, challenge the evidence, and protect your interests — especially when the stakes are high. Whether you’re facing a restraining order, a criminal charge, or a workplace dispute, we can take the pressure off and give you a real chance at a better outcome.
Don’t rely on the system to catch you when you fall. Talk to us instead. We’re ready to help.