15. “Right to counsel” in this Comment refers to a litigant’s right to have an attorney provided if the litigant is unable to afford a lawyer. In other contexts, it is sometimes defined more narrowly, such as a right to a lawyer only in the case of criminal defense or a right to a lawyer only if a litigant can afford his or her own lawyer. See generally, Note, The Indigent’s Right to Counsel in Civil Cases, 76 Yale L J 545 (1967).
This Part discusses trends in civil pro se litigation in federal district courts. It examines several important characteristics of pro se litigation: the volume, typical outcomes, and typical types of suits brought by pro se litigants. It then describes some implications of this data and thus helps contextualize the empirical analyses of pro se reforms that Parts III and IV present.
Yes, some judges may allow or require a pro se defendant to work with a “standby attorney”. This means that the defendant is free to represent themselves, but a lawyer is available for assistance when necessary. A standby attorney may be present at hearings and at trial to assist with procedural rules and/or argumentation. This type of hybrid representation setup has recently become a popular compromise between traditional representation and pro se representation.
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.
Following Gideon, legal activists began a push to extend the right to counsel into the civil sphere. Advocates argued that the right to counsel should be extended to civil cases in which the litigants’ essential rights were at stake.36 Those activists have had limited success; the Supreme Court has declined to find a right to counsel in civil litigation. In one notable case, Lassiter v
THE COURT AND CLERKS DO NOT COLLECT THE MONEY. The responsibility for that is on plaintiff, but the Court and the Pro Se Staff in Room 602 will assist in the process. Some defendants are unwilling to pay and trying to collect requires time and patience. In seeking to collect, plaintiff has a right to telephone the defendant at reasonable times. Some of the principal steps that may be taken to collect a judgment are:
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.
7. At least some commentators have expressed concern that allocating more legal resources to pro se civil litigants might take away from resources needed for indigent criminal defense. See Barton and Bibas, 160 U Pa L Rev at 980–81 (cited in note 5). It is important, however, to recognize that legal resources also may trade off with nonlegal resources, and an analysis accounting for these trade-offs may make the economics of expanded legal resources for pro se litigants look more attractive. Additional money spent on lawyers or pro se assistance might be more economical than it first appears if, for example, additional state spending in an eviction or wrongful termination proceeding saves the government from paying for homeless shelters or welfare assistance at a later date.
Defendants who choose to appear pro se may do so because they believe they may gain tactical advantages against the prosecutor, such as obtaining sympathy from the jury, the opportunity to personally address the jury and witnesses. Pro se appearances may also delay the trial proceedings and enhance the possibility of a mistrial and a subsequent appeal.
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.
Settle! Of course, given the unique obstacles involved with litigating against a pro se party—including the absence of the important buffer between the party and his or her emotions and, more times than not, unreasonable expectations—the key to trial success may be avoiding trial altogether! To that end, early alternative dispute resolution proceedings can be exceedingly beneficial. A neutral third party can often insert reasonableness otherwise lacking into the pro se party’s view of the strengths and weaknesses of the case.
Establish Jurisdiction. To file a lawsuit in a particular court, you must first establish personal jurisdiction. This means that the particular state in which you are filing has authority over the defendants. Personal jurisdiction for a slander claim is typically appropriate wherever the effect of the slanderous statement is felt. In recent U.S. decisions, "targeting" of the forum is also required in order to bring a defendant into court in a certain jurisdiction. This means that the defendant intentionally aimed the defamatory statement at an audience in a certain state.
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.
2. Mediation: A flexible, non-binding dispute resolution process in which an impartial neutral third party--the mediator--facilitates negotiations among the parties to help them reach settlement. A hallmark of mediation is its capacity to expand traditional settlement discussions and broaden resolution options, often by going beyond the legal issues in controversy. In the District of Idaho, all civil cases except prisoner petitions, Social Security, student loan recovery, Medicare, forfeiture, Bankruptcy appeals, federal tax suits, Federal Tort Claims Act cases in excess of $1 million, cases involving Temporary Restraining Orders, Preliminary Injunctions or other extraordinary injunctive relief will be automatically assigned to mediation. In addition, all Bankruptcy adversary proceedings and contested cases shall be eligible for assignment to mediation. A party will be allowed to “opt out” of the mediation process only upon successfully demonstrating to the Court by motion that “compelling reasons” exist as to why this mediation should not occur or could not possibly be productive. Mediation is governed by General Order #130.
This handbook was developed to address the needs of the litigant who wishes to file a lawsuit pro se, without the aid of an attorney. However, we feel it is very important that the pro se litigant understand that there are alternatives to representing yourself if you are indigent. Additionally, there are matters that are extremely complex and each matter deserves appropriate representation.
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
Having said that, lawyers are trained and experienced in the fields of their practice. In litigation, a lawyer will know the rules of procedure, how things are customarily done in the particular court, the substantive laws that apply to the case, and appellate rulings that may be applicable. Lawyers also have the advantage of being able to give their clients an outside look at the case (clients usually are overly confident that they are correct and that they judge/jury will believe everything that they say and nothing that the other party says). And lawyers are usually much more skilled at negotiating settlements and have the benefit of experience to guide them on fair value of the case.
A number of commentators have trumpeted reforms at the trial court level geared toward assisting pro se litigants as a possible solution.8 These reforms usually aim to give pro se litigants access to resources and information that can help them successfully navigate the legal process, reduce their costs, or provide them with assistance from courts’ offices.9 Examples of reforms that have been implemented include providing pro se litigants with access to electronic filing systems that make it easier to file lawsuits and monitor proceedings, allowing pro se litigants to communicate with law clerks about their claims and proceedings, and publicly disseminating information about resources that may be available to pro se litigants through the court or third parties.10 Critically, these reforms can be implemented by the trial courts and their staff and do not require significant additional contributions from attorneys, clinics, or other legal institutions. Accordingly, these programs can help pro se litigants without diverting legal resources away from other causes, including indigent criminal defense. A large number of federal district courts have already implemented at least some of these procedural reforms aimed at helping pro se litigants.11
Pro Se One Stop Legal Document Services, LLC is a non-lawyer document preparation service dedicated to saving you time and money with your legal matters and helping you to avoid unnecessary attorney’s fees. We are not attorneys and we do not offer legal advice, but we do provide high quality legal document preparation services with a high attention to detail in various areas, predominantly family and civil matters. We are conscientious of our customer’s unique, individual needs and differing scenarios.
But this passage reminds us of the continuing tradition of morning dress for the Solicitor General’s office before the Supreme Court. If it already looked stupid in 1948, it definitely looks stupid now. Adhering to tradition for the mere sake of tradition is small-minded. After Elena Kagan dumped the practice — since wearing what is essentially a tuxedo is less than flattering for a woman — there was some reason to believe it would join powdered wigs in the dustbin of American legal history. No such luck.
Make plain-English information about how to navigate in the court available to the public. All court procedures can be explained in plain English. Nolo Press, other self-help law publishers and the Maricopa County Superior Court have proven that this is so. Unfortunately the courts systematically refuse to inform self-represented litigants about available private-sector publications, apparently on the ground that they don't want to be seen endorsing them. Fair enough. But the courts should then follow the lead of the Maricopa County Superior Court and make plain-English guides available to all.
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.
In one study, researchers identified almost 200 discrete tasks that self-represented litigants must perform in civil cases – from finding the right court to interpreting the law, filing motions, compiling evidence and negotiating a settlement. Some of these tasks require specialized knowledge of the law and of the court system. Almost all require time away from work and caring for children. Many also require the ability to get to the courthouse, to read and to speak English or access a translator.
This Comment proceeds as follows. Part I provides an introduction to relevant case law, as well as key perspectives in the academy, on the rights of pro se litigants and procedural safeguards to protect pro se litigants. Part II presents an empirical overview of pro se litigation in federal district courts and contextualizes the typical types and outcomes of pro se litigation within the context of the federal docket. Part III details some of the policies that federal district courts have implemented thus far to improve the results of pro se litigation by comparing pro se outcomes in courts that have implemented those reforms with pro se outcomes in courts that have not implemented those reforms, and it demonstrates that those measures have not impacted case outcomes. Part IV then describes and analyzes the effects of wholesale reforms to the pro se litigation process in the Eastern District of New York (EDNY) by comparing case outcomes for pro se litigants in EDNY with those of neighboring districts before and after the implementation of reforms. Part IV bolsters the findings of Part III by showing that EDNY’s wholesale pro se reform also did not impact the win rates of pro se litigants. Part V discusses some of the implications of the results detailed in Parts III and IV, and the Conclusion summarizes the contribution of this
Immunity prohibits you from suing a person who is performing his/her duties as prescribed by law. When a judge decides a case, he is immune from suit because he is performing the duties directed by law. However, if a judge has operated his car illegally and caused you to be harmed, you can sue him for damages because driving his car does not fall under the duties of being a judge.
Additional studies that help determine the extent to which differences in access to counsel are responsible for the gaps in case outcomes between pro se and represented litigants, especially across a broader range of types of cases, would also be useful. If differences in access to counsel explain differences in case outcomes, the legal community should be more fearful that those without adequate resources are being deprived of meaningful access to the legal system. Moreover, if communities that lack the means to gain access to counsel lack effective legal recourse, despite sometimes having meritorious claims, then the legal community should also worry that bad actors can gain by depriving those communities of legal rights without facing the deterrent effects of litigation. Concerns about exploitative employers may be heightened if more than 2 percent of pro se plaintiffs have fully meritorious claims but only 2 percent of those plaintiffs can effectively seek relief due to difficulties navigating the legal system. Conversely, if lack of access to counsel does not explain poor case outcomes for pro se litigants, perhaps the legal community should focus on other considerations, such as making pro se litigants feel that they have received a fair chance in court and had their grievances heard, rather than trying to narrow the gaps in case outcomes or provide lawyers for more pro se litigants.
The Local Rules of the District of Idaho cover all phases of trial preparation from the pretrial conference to the satisfaction of judgment. The following information is not meant to be all inclusive and you should always consult the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the District of Idaho to find out what the court requires of all parties when filing suit and participating in trial. Local Rule 16.1 sets out those pretrial requirements that all parties should be aware of. At the time of filing the initial complaint, parties must request a jury trial or court trial.
Unless your case is unusually complex, you really can represent yourself. You may not have all the legal training of a lawyer, but you do not need to go to law school to have common sense, to learn how to ask intelligent questions, or to recognize what makes people and information believable. In the words of Oliver Wendell Holmes, one of the country’s most revered U.S. Supreme Court justices, “The life of the law has not been logic, it has been experience.” As these words suggest, your everyday life experience is the foundation of most of what you need to know to present a coherent, convincing case. Besides, as former Supreme Court Chief Justice Warren Burger was fond of pointing out, many lawyers are not such hotshots; they often come to court ill-prepared and lacking professional skills.
But a person who is not a professional lawyer typically lacks ready access to Lexis, WestLaw, and other such professional resources for researching recent and applicable case law. (Let us assume that the Bar does not exist in principle as a barrier to citizens seeking redress of grievances through the judicial system. I.e., "That's what lawyers are for, so pay up if you want justice" may be the practical answer. But I want to know how practical it is for one to seek justice pro se.)
1. Arbitration: A dispute resolution process in which one or more arbitrators issue a non-binding judgment on the merits after an expedited, adversarial hearing. The arbitrator’s non-binding decision addresses only the disputed legal issues and applies legal standards. Either party may reject the non-binding ruling and request a trial de novo in district court within 30 days of the arbitrator’s decision. If they do not request trial de novo and do not attempt settlement, the arbitrator’s decision becomes the final, non-appealable decision.
Oftentimes, self-represented litigants become reactive when there’s a lawyer on the other side. Instead of getting ahead of things or running their own case, they let the lawyer take the lead. They spend so much time responding to discovery requests, summary judgment motions, motions to dismiss, and other filings that they don’t formulate a strategy of their own. They don’t do their own discovery or object to certain requests because they’re swamped and often intimidated. So, they’re always behind and in a constant reactive state. If a wise opponent sees how reactive you are, they can walk you right into an error. So, take control of your case. Never let a lawyer think that he’s in charge of it.
Comment offers the first publicly available empirical assessment of several pro se reform efforts thus far. The analysis shows that these pro se reforms have not succeeded in improving pro se litigants’ win rates at trial. This Comment thus suggests that, while pro se reforms likely have important merits, such as enabling a more thorough and dignified hearing process for pro se litigants, on average these reforms do not alter the final outcomes of the litigation process.
It is very important that you have all five required elements before you consider filing a case against someone or some entity. After all of these elements are met, you must still follow the procedures set out for the particular court you will file your case with. In Chapter V of this handbook, we will discuss the rules and procedures for filing lawsuits in the United States District Court for the District of Idaho. If your case needs to be filed in any other court, you should contact the clerk's office of that court for information regarding local rules and procedures for filing your particular case.
Self-Representation.—The Court has held that the Sixth Amendment, in addition to guaranteeing the right to retained or appointed counsel, also guarantees a defendant the right to represent himself. this a right the defendant must adopt knowingly and intelligently; under some circumstances the trial judge may deny the authority to exercise it, as when the defendant simply lacks the competence to make a knowing or intelligent waiver of counsel or when his self-representation is so disruptive of orderly procedures that the judge may curtail it. the essential elements of self-representation were spelled out in McKaskle v. Wiggins…
No Guidance on Timing or Parties. The forms do not give any guidance on when certain kinds of pleadings or claims or defenses have to be raised, or who has to be sued. Some pleadings, claims, or defenses have to be raised at a certain point in the case or within a certain period of time. And there are limits on who can be named as a party in a case and when they have to be added. Lawyers and people representing themselves must know the Federal Rules of Civil Procedure and the caselaw setting out these and other requirements. The current Federal Rules of Civil Procedure are available, for free, at www.uscourts.gov.