Government as Model Litigants
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Model litigant rules set standards for how government agencies must conduct themselves in legal disputes, requiring fairness, honesty, and responsible use of public power. These obligations help address the inherent imbalance between the state and individuals, ensuring that government litigates in the public interest and upholds the rule of law.
Key Concepts
Higher standard for government - Government agencies must act fairly, consistently, and ethically in all stages of litigation because of their significant power and resources.
Fair dealing in disputes - Obligations include acting honestly, handling claims promptly, assessing prospects early, paying legitimate claims without delay, and avoiding technical or oppressive tactics.
Avoiding misuse of power - Agencies must not take advantage of parties with fewer resources and should keep costs proportionate and reasonable.
Encouraging resolution - Agencies should consider alternative dispute resolution where appropriate and avoid unnecessary litigation.
Balanced obligations - While required to act fairly, government bodies may still take all legitimate steps to protect the public interest, including pursuing litigation to clarify important legal issues.
Accountability and oversight - Compliance is overseen through reporting requirements and potential sanctions, though enforcement mechanisms vary and are often limited.
Public confidence - Adhering to model litigant standards promotes trust in government conduct and ensures that the state leads by example in upholding the rule of law.
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