Shauna Strickland. Virginia Self-Represented Litigant Study: Summary of SRL-Related Management Reports for General District Court, Juvenile & Domestic Relations Court, and Circuit Court. (December 2017). This report describes case management reports that OES should consider producing on a regular schedule in an effort to better understand cases with self-represented litigants.
Knowing ahead of time that you may encounter a hostile attitude is the best weapon against it. Read and study this book and other legal resources, many of which are available free online or in your local library. Learn how to prepare and present a persuasive case and follow the proper procedures for the Clerk’s Office and the courtroom. If you believe that court personnel at any level are being rude to you, be courteous and professional in ­return, even as you insist upon fair treatment. By knowing and following court rules and courtroom techniques, you can often earn the respect of the judge and the others who work in the courtroom. As a result, you may well find that they will go out of their way to help you.
77. For more discussion of the nature of these fields and other data contained in the AO dataset, see generally Integrated Data Base Civil Documentation (Federal Judicial Center, 2017), archived at http://perma.cc/LT4F-2W5E. Additionally, several other fields are used in the data processing that is conducted before the analysis, such as using the docket number assigned by the district court to avoid double-counting cases. For more discussion of the data cleaning process, including the data used in that process, see
This is truly one of the worst books I have ever read. If he were alive, either Melville or I would be the target of a well-placed bullet. Irretrievably romantic, psychological, depressing and completely impractical, this work is beyond believability. So much is described in a tortuous introspection which, in reality, NO ONE ever contemplates before acting. A mysticism accompanies every motivation. He manufactures conflicts that, in a normal world, would never exist. An ...more

This is similar to the previous point. In a post, What Kind Of Pro Se Litigant Are You?, I discussed five types of pro se litigants. The least effective is one lacking in confidence. Many pro se litigants lose early by simply not showing up for court. Many more lose at the first hearing. With a lawyer on the opposite side and a robed judge on the bench, the average person is bound to feel as if they can’t succeed. Don’t let that feeling rule your actions. Lacking confidence, you might be tempted to ask advice of your opponent’s lawyer. He’s not your friend. Where a judge is concerned, ask for clarification about a ruling, not for advice about your case. In the face of uncertainty and fear, don’t give up. Keep going and learn. Simply getting to the next step, the next hearing, or the next motion is a victory. The longer you stay in, the more confident you’ll be.
Laws and organizations charged with regulating judicial conduct may also affect pro se litigants. For example, The State of California Judicial Council has addressed through published materials the need of the Judiciary to act in the interests of fairness to self-represented litigants.[9] The California rules express a preference for resolution of every case on the merits, even if resolution requires excusing inadvertence by a pro se litigant that would otherwise result in a dismissal. The Judicial Council justifies this position based on the idea that "Judges are charged with ascertaining the truth, not just playing referee ... A lawsuit is not a game, where the party with the cleverest lawyer prevails regardless of the merits."[10] It suggests "the court should take whatever measures may be reasonable and necessary to insure a fair trial" and says "There is only one reported case in the U.S. finding a judge's specific accommodations have gone too far." The committee notes to the Federal Rules of Civil Procedure rule 56 on summary judgments notes that "Many courts take extra care with pro se litigants, advising them of the need to respond and the risk of losing by summary judgment if an adequate response is not filed. And the court may seek to reassure itself by some examination of the record before granting summary judgment against a pro se litigant."[11]
Although EDNY created this office partially in response to the growth of pro se litigation in that district, its caseload appears broadly representative of pro se litigation more generally as of 1999, shortly before the creation of the magistrate judge’s office.121 The concerns that led to EDNY’s decision to appoint this special magistrate judge—the difficulty of fairly and efficiently managing the large pro se docket and the need for specialized resources to do so—seem to echo the same primary concerns that other courts and commentators have expressed about the pro se litigation process.122
According to the 1996 report on pro se by University of Maryland Law School, 57% of pro se said they could not afford a lawyer, 18% said they did not wish to spend the money to hire a lawyer, 21% said they believed that their case was simple and therefore they did not need an attorney.[47][48] Also, ABA Legal Needs Study shows that 45% of pro se believe that "Lawyers are more concerned with their own self promotion than their client's best interest."[47]
The State Bar of Georgia provided the number of lawyers by county in 2016. By combining this data with information from the Self Represented Litigation Network, available census data from the 2014 American Community Survey, 2015 statistics from the Federal Communications Commission, data from the Center for Neighborhood Technology, and 2016 information from the Georgia Legal Services Program (GLSP) and the Atlanta Legal Aid Society (ALAS), the map provides insight into attorney representation and other factors that impact access to justice throughout the state.

Why file a Pro Se complaint? As the chair of an advocacy group called the Disability Action Crew (DAC), I have lots of information to help others advocate for access. With every question I get asked about advocacy, it seems I often end up with more questions that go unanswered. It's like a coach trying to beat a team that makes all the rules as the game goes along. He's out there, he's trying to win, but every time he goes for the goal there's a different set of rules. Advocacy's like that‹we don't know the rule of winning access until we break them. And we look to authorities for the answers: the DOJ, the EEOC, the HRC, the DOT.
Along with subpoena power, you have the power given by the rules of discovery, to conduct discovery, send interrogatories (written questions to the opponent and non-parties), requests for admission (requests that opponents and non-parties admit or deny statements of fact), requests for production (of tangible documents and things) and to take depositions (recorded testimony). Those tools (powers) are available to you just as if you were a lawyer.

I am a member iPod this website and a Pro Se litigant. I do not feel pitted against opposing counsel at all. I have four attorneys representing defendants in my suit. I can clearly see those ethically defending their clients to the best of their ability and I also see two of them reverting to sneaky tricks, underestimating me as a Pro Se litigant and not following the law. The articles on this site that you seem to think are misguiding people are very helpful in understanding the behavior of those, less ethical, of your colleagues than you may be! This is a resource for people with sixth amendment rights. If you would like to represent me, pro bono, in my multi million dollar defamation suit, please contact me!
Patrice, welcome! Looking forward to hearing more about your case inside. Lawyers are good at affect in my experience. That is, they feign certain emotions to prompt or pressure their opponents, and they expect pro se litigants to fall for that more often than other lawyers. I’ve learned to just ignore them and do my work. It’s the judge we need to persuade, not the lawyer, right? It is absolutely up to you how to prosecute your claims, whether all together in one case or separately. Good for you for doing it your way.
Many years ago, after winning a motion, an older judge asked me to stay behind after the parties left. He took me aside and said simply: "I want you to know that the case before yours today was to protect a little girl who's grandfather thinks it's fun to extinguish cigars on her legs." I knew what he wanted me to know, and I never forgot. Other people's cases are serious, too.
Turner, the most recent Supreme Court ruling on the rights of civil pro se litigants, threw an unexpected twist into this line of cases and provided fodder for both proponents and detractors of the expanded right to counsel for civil litigants. In Turner, all nine justices agreed that the state was not required to provide counsel in a civil contempt hearing even if the contempt order would have resulted in incarceration.41 Nonetheless, a five-justice majority overturned the sentence, holding that the state must “have in place alternative procedures that ensure a fundamentally fair determination of the critical incarceration-related question.”42 The Court highlighted a “set of ‘substitute procedural safeguards’”—for example, notice about critical issues in the case, the use of forms to elicit relevant information, and other potential protections—that could stand in for assistance of counsel and ensure the “‘fundamental fairness’ of the proceeding even where the State does not pay for counsel for an indigent defendant.”43
Hourly rates for lawyers who do personal legal-services work typically run from $100 to $250 per hour. Certain experts and big-firm lawyers charge even more. It is important to find out exactly how the lawyer will calculate the bill. For example, some lawyers who charge by the hour bill in minimum increments of 15 minutes (quarter hour), and others bill in increments of six minutes (tenth of an hour). That means that a five-minute phone conversation for which you are billed the minimum amount could cost you different amounts, depending on how the lawyer figures the bill.
A tort is defined as a "private or civil wrong or injury." It is distinguished from criminal law because it is an injury against an individual and not the state (city, county, or state government). If a person ran a stoplight and hit your car, the state would ticket the driver for running the stoplight but it would not be able to sue the driver for the injuries received by the victim of the other car. That is considered a private wrong or injury and it is the right of the victim to file a civil suit against the driver seeking damages for the injuries received.
Let’s say you go to court and a court reporter is not present. You argue very strong points against an attorney with weak ones. Despite both the law and facts on your side, you lose. Think an appellate court will understand what went wrong and overturn the ruling? Probably not. Appellate courts will find many excuses not to overturn a lower court ruling. Without a court reporter’s transcript, an appellate court will say that the lower court was in the best position to evaluate the arguments made. Then, they’ll let the lower court decision stand. A court reporter, on the other hand, creates an official record of proceedings that can be sent to the appellate court. In the lower court, the simple presence of a court reporter greatly curtails judicial bias and bad behavior from lawyers. With that, you have a better chance of getting a fair hearing. To learn more about the effect of court reporters on judges and lawyers see, A Court Reporter Stops All Foolishness.
Accept all complaints, petitions and responses filed, in whatever form, and create user-friendly forms. Among the most obvious of barriers to equal access are rules governing the form of the papers people need to start a lawsuit or defend themselves if they are sued. Complicated pleading rules definitely operate to deny equal access. In fact, a simple plain-English statement of claim (as is used in many small claims courts) or a fill-in-the-blanks, check the boxes type of complaint form used in California courts is all that's needed in most common kinds of cases. Later, the legal and factual issues can be sorted out by a mediator or judge. The Superior Court of Maricopa County has created a number of easy-to-use forms for its Family Court, and by all accounts, people are able to handle them with little help from court personnel.
Every agency tends to make its own rules and follow its own unique set of procedures. Many agencies describe their procedures on a website. In addition, an agency will furnish you with its rules as soon as you indicate that you want to file a claim. Be sure to contact the agency, ask for a copy of its rules before initiating a hearing, and follow them. The federal government and every state have an Administrative Procedure Act that provides basic protections in administrative hearings. You should read the applicable law and make sure the agency follows it. You can get information about these laws from a convenient database maintained by Florida State University at www.law.fsu.edu/library/admin.
Both of your suggestions are very helpful. It seems that if I were to appeal, it would not be for my upcoming Motion to Dismiss, because I understand that would be an ‘interlocutory’ appeal, and therefore not allowed. I also understand your point about the Judge & OC taking a pro se litigant much more seriously and cutting the nonsense by the very presence of a court reporter. In that respect, it makes a lot of sense in that a reporter may make an appeal unnecessary if the court decides to be reasonable and fair:)
Basically, what I'm saying is, the assumption in your second paragraph--that civil rights law is something you can teach yourself by reading other people's pleadings and filings--is false. There are people who study the law for three years, and still aren't considered competent enough to be licensed. You are not going to pick it up in a week or two.
This Comment furthers the legal community’s understanding of issues in pro se litigation by conducting an empirical analysis of pro se reforms in federal district courts. By comparing case outcomes for pro se litigants in district courts that have implemented these types of reforms with the outcomes of similarly situated pro se litigants in courts that have not implemented any reforms, this Comment provides an initial assessment of the impact of those reforms. The analysis reveals that thus far, a wide range of reforms undertaken by federal district courts have not significantly impacted case outcomes for pro se litigants. This analysis conflicts with the intuitions of the Supreme Court, commentators, and judges and clerks of district court offices, who have indicated their belief that these reforms are effective.
Can I afford a private child custody attorney? Each parent is aware of his/her own, unique financial position and resources. Some parents borrow money for an attorney, while others may possess significant savings. Divorced parents are often fortunate enough to have legal expenses covered by a former spouse, written directly into a divorce decree. If parents are of modest means, pro se representation might be an appropriate alternative to hiring a private child custody lawyer, but cost should not be the only consideration.
One of the biggest mistakes pro se litigants make is not doing research. Lawyers count on pro se litigants’ ignorance of the law to win cases. The less a pro se litigant knows, the shorter the litigation process will be. A lawyer can buy a $7000 debt for $700 and pay a $100 fee to sue. Thirty or so days later, he wins a default judgment or a one-hearing judgment. He then has the right to collect the full $7000, the $100 court fee, and case-related costs. He’ll have to collect the money himself, but lawyers wouldn’t buy debt if the practice never paid off. Facing a pro se litigant in court pays off for lawyers almost all the time. Whether you’re a plaintiff or a defendant, you don’t want to get knocked out early because of lack of knowledge. Learn the laws relevant to your case. The more you know, the longer you’ll stay and the less chance a lawyer will have a windfall at your expense.

The Supreme Court has held that where a statute permits attorney's fees to be awarded to the prevailing party, the attorney who prevails in a case brought under a federal statute as a pro se litigant is not entitled to an award of attorney's fees.[51] This ruling was based on the court's determination that such statutes contemplate an attorney-client relationship between the party and the attorney prosecuting or defending the case, and that Congress intends to encourage litigants to seek the advice of a competent and detached third party. As the court noted, the various circuits had previously agreed in various rulings "that a pro se litigant who is not a lawyer is not entitled to attorney's fees".[52]
There’s no way to avoid it: If you represent yourself in court, you’re going to run into a lot of unfamiliar legal terminology. This book tries to translate the most common jargon into plain ­English. For quick refer­ence, check the glossary at the back of the book. You can find more plain-language definitions in Nolo’s online legal dictionary, available for free at www.nolo.com.
Ms. Eldrich and others she knew through the New Haven women's movement vowed to change that. They published a book that taught people how to do their own divorces if the cases were simple, believing that it would empower people to get involved directly in the court system. And because women were often the ones to initiate the divorce, they considered the book a way to empower women particularly, said Diane Polan, one of the authors.
The potential relevance of selection bias in this analysis should also be addressed. As Part II discusses, selection bias can likely explain a portion of the gap in case outcomes between pro se and represented litigants.110 However, as this Part discusses, the relevant sample for comparison is the difference in case outcomes between pro se litigants in courts that have implemented reforms and courts that have not implemented reforms. Thus, the pro se cases in different district courts are similarly affected by this selection bias. Litigants with weaker cases may be more likely to proceed pro se in EDNY, but they are also more likely to proceed pro se in the Southern District of New York (SDNY) or the Northern District of Illinois. Accordingly, the cases being compared should presumably be similar in average strength, or at least there is no reason to think this selection bias will result in differences in average case strength for pro se litigants across different district courts. These selection bias issues result in a gap in the average strength of cases brought by pro se litigants and represented litigants, but they do not lead to a gap between the average strength of cases brought by pro se litigants in two different district courts.111

Or at least R.I.P. for non-lawyer pro se litigants. Just when you thought the Supreme Court season had finally come to a close, the Court released a new rule book this morning. It’s 80 pages long and mostly a rehash, but the addition of Rule 28.8 garnered some attention for finally closing a door on the practice of non-lawyers arguing before the Court.
The Judiciary Act of 1789, one of those laws, states that "in all courts of the United States, the parties may plead and manage their own causes personally." It follows that federal judges must respect the pro se litigants' right to represent themselves. Thus, the Supreme Court and Congress have means to remedy the problems with federal judges who disrespect and ignore the rights of pro se litigants.

As we read we can let the words gently flow over us. We can let the words quietly be spoken to us in there own sweet way. We can let ourselves open to the thoughts and their meanings, the ideas and their origin, the phrases and the understandings that they have ready for us. Ready for us to assimilate and take on board. If we let them filter through and allow the words their power to move and rejuvenate. If we let ourselves be uplifted and filled with their sometimes hidden insights. Too gently and slowly to impact on our lives as we read - and in the future when we recall their meaning for us.

Authority is the information used to convince a court how to apply the law to the facts of a case. Legal authority is divided into two classes -- primary and secondary. There are two sources of primary authority: (1) constitutions, codes, statutes, and ordinances; and (2) court decisions, preferably from the same jurisdiction where the case is filed. Secondary authority, which is not cited except in certain circumstances, is found in legal encyclopedias, legal texts, treatises, law review articles, and court cases in other jurisdictions.
Finally, the book devotes separate chapters to two types of specialized court proceedings. Chapter 21 provides information about hearings in divorce and related family law matters, such as spousal abuse, child custody, child support, and spousal support. Chapter 22 provides information for debtors and creditors about contested hearings that often occur in bankruptcy cases.
Posner’s resignation is a powerful reminder of the challenges pro se litigants continue to face. His belief that pro se litigants are frequently mistreated in civil litigation and denied a full and fair opportunity to vindicate their claims is neither new nor limited to federal appellate courts.3 Numerous legal commentators have expressed similar concerns.4 Yet, though the belief that pro se litigants are underserved by the legal community is widespread, the full extent of the challenges they face in court is still only partially understood.
Consumers have tried to convince courts to set aside arbitration provisions on the grounds that they are unconscionable and deprive them of their day in court. However, these challenges are not usually successful. For example, under the Federal Arbitration Act, arbitration provisions can trump consumers’ rights to file class action lawsuits. (AT&T Mobility LLC v. Conception, 131 S.Ct. 1740 (2011)).
80. There are many factors affecting trends in prisoner pro se litigation that likely do not impact nonprisoner pro se litigation, such as the growth of the US prison population and concerns about the particular conditions and resources available to prisoners. For one discussion of prisoner pro se litigation, see generally Michael W. Martin, Foreword: Root Causes of the Pro Se Prisoner Litigation Crisis, 80 Fordham L Rev 1219 (2011).
123. Note that this does not necessarily imply the pro se reforms in EDNY are failing to improve the litigation process for pro se litigants. See notes 97–100 and accompanying text. It is conceivable that, for example, the reforms in EDNY have led to higher average settlement values for pro se plaintiffs and thus improved overall outcomes for pro se litigants. Moreover, there could be important benefits to a litigation process in which pro se litigants feel more fully heard and in which the process is more dignified for pro se litigants. This office could be creating large benefits for pro se litigants in EDNY overall. However, this analysis is restricted to case outcomes. Further, the pro se reforms in EDNY may be making a positive impact in terms of the efficiency side of the equation, helping to dispose of pro se cases more quickly and efficiently than would otherwise be the case and reducing the overall burden of pro se cases on the court despite not improving case outcomes for pro se litigants.
Utah’s Standards of Professionalism and Civility state that “Lawyers shall adhere to their express promises and agreements, oral or written” (Standard 6). Standard 13 states, “Lawyers shall not file or serve motions, pleadings or other papers at a time calculated to unfairly limit other counsel‘s opportunity to respond, or to take other unfair advantage of an opponent, or in a manner intended to take advantage of another lawyer‘s unavailability.”

Prior to the actual trial, a pretrial conference is usually held between the trial judge and counsel to determine if all discovery has been completed, what exhibits and witnesses each side might use during the trial, the approximate length of time that will be necessary for the trial, and what ground rules the judge will require before, during, and after the trial. After the conference, a pretrial order is usually prepared which sets out the above.
The judge in my case offered an angry and dismissive "Here we go!" when I argued that he must liberally construe the allegations in my complaint, as the 1972 Supreme Court precedent Haines v. Kerner dictates. He also disregarded the court's own local rules by denying my right to conduct my own voir dire of the prospective jurors, simply because I was proceeding pro se. He berated me in open court for my refusal to retain an attorney, and condescendingly informed me that he didn't think I would prevail at the trial. At various points, including when he urged me to accept the defendant's settlement offer, I felt he was trying to intimidate me simply because I chose to represent myself.

In the same vein of using your body, working out--even for just ten minutes a day-- can do wonders for clearing up your mind. When we work out, as I'm sure you know, our bodies emit endorphins that allow us to feel happy--even if we can't explain why. If you don't have time to squeeze in a full-body workout or some substantial cardio that day, just do a couple jumping jacks or take a brisk walk around the block. How much better--and more confident--you feel will amaze you.
Attorneys often find themselves with emotionally charged adversaries who have little or no understanding of time lines, due dates, discovery requests, or rules of evidence and civil procedure. Attorneys opposing pro se plaintiffs have a particularly difficult job zealously representing their own clients. They are automatically dubbed the “Goliath” by the court and juries, and find themselves pitted against the seemingly defenseless “David” pro se plaintiff.
Pierre loves his mother like a sister, his sister like a wife, and his ex-fiance like a cousin. Plus two romantic friendships with a male cousin and boyhood friend. This is an insane book, beautifully written, poetic and philosophical, with one of the most sudden, craziest feel bad endings I've seen since Dostoevsky's The Demons. In the last few chapters there is one murder, two suicides, and one death by shock/heartbreak.
Do I have the time and resources available to represent myself pro se? As you can see, there is a lot of learn before representing yourself at a child custody hearing. Parents considering pro se representation should carefully consider whether they have the time, determination, and undivided attention necessary to dedicate to this task before deciding to go it alone in court. 
Conference: are required to explore the possibility of settlement prior to trial. At any time after an action or proceeding is at issue, any party may file a request for, or the assigned judge on his own initiative may order a settlement conference. A conference is then held before an assigned judge who facilitates the parties to come to settlement. All information provided to the settlement judge is confidential.
When you interview a potential legal coach, ask about all fees and costs—including the initial interview. It obviously defeats your purpose if you have to spend more to consult a legal coach than you would to hire a lawyer to handle your entire case. Typically, lawyers use hourly, fixed, or contingency fee arrangements. Most likely, someone serving as your legal coach will charge you by the hour.

128. However, this result is not robust against a different choice of years. For example, while the point estimate is still negative, the 95 percent confidence interval for a regression run on data from 1999 through 2006 includes zero (though the 90 percent confidence interval does not). Thus, the better takeaway at this point is not that the reform has had a negative impact on win rates but that it has not had a significant positive impact on win rates.
The answer to the last part of your question when you ask that If you fail to file such a motion, can you simply ask the court to declare, at the outset of trial, that the defendant, by failing to answer the admissions request, has in fact admitted certain facts which you no longer must prove at trial. By failing to file the motion as the rules require you would be jeopardizing your right to this relief. At trial the defendant’s lawyer will almost assuredly object by stating to the court that you have waived this argument since you didn’t file the motion per the Oregon Rules of Civil Procedure and in all likelihood the judge would probably agree and sustain the objection. There usually isn’t much, if any, wiggle room when it comes to compliance with the stated rules. Whenever you fail to follow a stated rule you are giving the opposing side’s lawyer ammunition to attack your argument. It would behoove you to file the motion to determine sufficiency and request a ruling deeming the matters as admitted since the defendant failed to answer.
Chicago: Justice for the “Little Guy”?, 72 Nw U L Rev 947 (1978) (discussing deficiencies of pro se small claims courts). See also Margaret Martin Barry, Accessing Justice: Are Pro Se Clinics a Reasonable Response to the Lack of Pro Bono Legal Services and Should Law School Clinics Conduct Them?, 67 Fordham L Rev 1879, 1926 (1999) (describing the pro se system as one that “sacrifices justice for expediency”).
Courts across the country are increasing the resources available to the surge of pro se litigants attempting to navigate the judicial system. Courts are not only addressing the legal and procedural obstacles facing pro se litigants, but they are also focusing on “sociological [and] psychological aspects of how unrepresented litigants feel about the overall litigation experience.” Id. at 3. Likewise, attorneys, and civil trial lawyers in particular, must be cautious of the challenges and special considerations involving pro se litigants.

In order to evaluate the effects of different pro se reform measures undertaken by district courts, this Section compares the win rates of pro se litigants in courts that have enacted each of the reforms discussed in the FJC Survey with the win rates of litigants in the districts that have not enacted those same reforms. Table 3A compares the win rates for plaintiffs in cases in which both parties are represented with those in which either the plaintiff or defendant is pro se based on whether the district court employs a particular policy.

I’ve filed and served a request for admissions which the Defendant”s attorney failed to answer within the 30 day period allotted by rule here in Oregon. The rules also state that a failure to answer the request will result in admission of the answers requested. From what I can glean from the rules, I now need to file a “Motion To Determine Sufficiency”. If I fail to file such a motion, can I simply ask the court to declare, at the outset of trial, that the defendant, by failing to answer the admissions request, has in fact admitted certain facts which I no longer must prove at trial?

Your state’s “Rules of Court.” These are rules that set the procedures and deadlines that the courts in a state must follow. Generally, states have separate sets of rules for different kinds of courts. For example, a state may have one set of rules for its municipal courts (courts that try cases involving limited amounts of money), another for its superior courts (courts that try cases involving higher amounts of money), and still others for its appellate courts (courts that review the decisions of municipal and superior courts). All the rules may, however, be published in a single book. Some states also have separate sets of rules for specialized courts, such as family law courts, which hear cases involving divorce, child custody, and child support; or probate courts, which hear cases involving wills and trusts.
You might expect lawyers who disrespect their professional colleagues to be even more disrespectful of pro se litigants. If an adversary’s lawyer tries to intimidate you, keep your cool. Look to the judge for help, and don’t try to out-bully a bully. Perhaps realizing that most lawyers and bar associations disavow bullying tactics can help you do so.
Authority is the information used to convince a court how to apply the law to the facts of a case. Legal authority is divided into two classes -- primary and secondary. There are two sources of primary authority: (1) constitutions, codes, statutes, and ordinances; and (2) court decisions, preferably from the same jurisdiction where the case is filed. Secondary authority, which is not cited except in certain circumstances, is found in legal encyclopedias, legal texts, treatises, law review articles, and court cases in other jurisdictions.
As the plausibility of civil Gideon has diminished in the wake of Turner, trial court reforms for pro se litigants have emerged as a compromise. Both proponents and critics of civil Gideon see major potential benefits of pro se reform: it is a low-cost option that could conceivably provide meaningful benefits to pro se litigants without diverting legal resources from more critical cases, it helps ensure pro se litigants will receive fundamentally fair hearings, and it is a more politically and jurisprudentially feasible solution than civil Gideon.60
Unfortunately, the ideal of the multi-door courthouse is at odds with how courts traditionally operate: to support and enhance the lawyer business by making it extremely difficult to get through court without a lawyer. As long as courts are institutionally biased against creating a level playing field for the self-represented, it will make no difference how many doors a court has.
^ Kay v. Ehrler, 499 U.S. 432, 435 (1991), citing Gonzalez v. Kangas, 814 F. 2d 1411 (9th Cir. 1987); Smith v. DeBartoli, 769 F. 2d 451, 453 (7th Cir. 1985), cert. denied, 475 U.S. 1067 (1986); Turman v. Tuttle, 711 F. 2d 148 (10th Cir. 1983) (per curiam); Owens-El v. Robinson, 694 F. 2d 941 (3d Cir. 1982); Wright v. Crowell, 674 F. 2d 521 (6th Cir. 1982) (per curiam); Cofield v. Atlanta, 648 F. 2d 986, 987-988 (5th Cir. 1981); Lovell v. Snow, 637 F. 2d 170 (1st Cir. 1981); Davis v. Parratt, 608 F. 2d 717 (8th Cir. 1979) (per curiam).
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