133. For example, this Comment does not consider how many resources would be required to enact civil Gideon nor whether they could be better used elsewhere. It also does not consider whether civil Gideon itself would be effective at improving civil pro se outcomes. While the experimental literature discussed earlier suggests that access to counsel improves case outcomes for pro se litigants, it is unclear whether a similar quality of counsel would be provided in a civil Gideon world. Indeed, the success of Gideon in the criminal context is a hotly debated subject, with many scholars considering it a disappointment. For an example of a scholar who considers Gideon a disappointment, see generally Erwin Chemerinsky, Lessons from Gideon, 122 Yale L J 2676 (2013).
Another common reason a defendant might choose pro se representation is the cost involved in hiring an attorney. If the defendant does not like the attorney that the court provides, it might cost them a significant amount of money to hire a private defense lawyer. Saving money is perhaps one of the greatest advantages of pro se representation. However, often times the defendant might be saving money at the risk of losing their case because they are unequipped to argue on their own.
Defense counsel will have to prepare defense witnesses so they respond politely and directly to tedious, often incomprehensible questions from the pro se plaintiff. If a defense witness loses his or her temper, or appears to be condescending to the pro se plaintiff, the jury will certainly find against any testimony given by the defense witness, even if the jury does not necessarily agree with the plaintiff’s view of the case.
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For example, the Federal Rules of Evidence (often referred to as the FRE) govern the introduction of evidence in federal court trials. But about 40 states also use the FRE in their state court trials. And even those states that have not formally adopted the FRE have evidence rules that are quite similar to them. This means that, for the most part, trials are conducted in the same way nationwide. Another set of federal rules, the Federal Rules of Civil Procedure (or FRCP) apply similarly to govern procedural (rather than evidentiary) rules. Because of this basic uniformity, the book frequently refers you to specific rules that, even if they differ somewhat from your state’s rules, should help you understand the basic procedures that will apply to your case.
“In little more than a year the clinic has built confidence in the justice system for many pro se litigants. Our legal staff and volunteers have been able to make the process less confusing for clinic visitors and guide them in the right direction, which improves their chances for satisfactory outcomes,” said Robyn Tarnofsky, the director of the clinic.
A longstanding and widely practiced rule prohibits corporations from being represented by non-attorneys, consistent with the existence of a corporation as a "person" separate and distinct from its shareholders, officers and employees. The Wisconsin Supreme Court has ruled that a "nonlawyer may not sign and file a notice of appeal on behalf of a corporation. Requiring a lawyer to represent a corporation in filing the notice does not violate the guarantee that any suitor may prosecute or defend a suit personally. A corporation is not a natural person and does not fall within the term "any suitor."
While the outcome gap between pro se and represented litigants does not necessarily prove that lack of access to counsel causes poor case outcomes for pro se litigants, it is easy to see how it motivates proponents of pro se court reforms or civil Gideon. Table 2C suggests that, whenever one of the parties is proceeding pro se, the likelihood that any final judgment will be registered for the other party is overwhelming. If one believes that a meaningful portion of pro se litigants have important rights that they are seeking to vindicate in court, it is likely they are not receiving adequate remedies under the current legal system.85
113. But note that represented litigants in courts that have implemented these reforms also win cases 8 or 9 percent more frequently than they lose cases, so it’s plausible that the courts that have implemented those reforms are just more plaintiff-friendly (or typically handle cases that favor plaintiffs) or that these differences reflect more noise than signal. See Table 3A.
Some pro se litigants who are federal prisoners are subject to the Prison Litigation Reform Act. The American Civil Liberties Union (ACLU) has asserted: ""For over thirteen years, the Prison Litigation Reform Act has denied access to the courts to countless prisoners who have become victims of abuse, creating a system of injustice that denies redress for prisoners alleging serious abuses, barriers that don't apply to anyone else. It is time for Congress to pass legislation to restore the courts as a needed check on prisoner abuse." 54% of judges responding to a Federal Judicial Conference survey use videoconferences for prisoner pro se hearings.:29
If the case is not dismissed via summary judgment, defense counsel should always request a pretrial conference with the court. That way the pro se plaintiff can hear from the judge, before everyone is in the courtroom, what evidence may or may not be addressed during the trial, and what the expectations will be of the pro se plaintiff’s behavior during the trial.
Some still remain skeptical about pro se reform. Commentators have argued that unfair advantages for pro se litigants correspond to unfair disadvantages for their opponents in civil proceedings, that tweaking the court system specifically for pro se litigants undermines the rule of law, and that reforms may lead courts to devote more resources to cases that often prove frivolous.61 Other detractors of trial-court reform for pro se litigants have opposed it on opposite grounds, arguing that these reforms may be counterproductive and harm pro se litigants62 or that they don’t go far enough and that civil Gideon is needed to fully protect the rights of pro se litigants.63
If you want to appeal the denial of some benefit that is provided through an agency of the United States government or the state of Idaho, you must pursue all of the administrative procedures which are set up by the agency before you can bring a lawsuit. Only after you have pursued and exhausted the administrative procedure will the court have jurisdiction to hear a claim.
Unlike civil Gideon advocates, reform advocates have been successful in implementing pro se reform. A 2011 survey by the Federal Judicial Center of United States District Courts (“FJC Survey”) found that eighty-seven of ninety responding districts had implemented at least one program or procedure to assist pro se litigants.64 Similar reforms have been undertaken in at least some state and local courts as well.65
Although it's a little cheesy, having an alter ego of sorts is a very helpful way to boost self-confidence. If we pretend like we're someone else--strong, willful, self-confident--we never have to subject ourselves to the fear of our personal worth not being enough for others. We should not necessarily lie about who we are, or invent false facts, but instead find another mode of existence in which we may tap into to be comfortable in our own skin.
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.
So even if it seems highly unfair, do not be surprised if you encounter initial hostility from court personnel. In your eyes, you are an individual seeking justice and doing what you have a right to do. But to the people who work in courthouses every day, you may be perceived as someone who will make their jobs more difficult. Instead of helping you, they may even attempt to put obstacles in your path, hoping that you will get discouraged and go away.
49. See, for example, Barton and Bibas, 160 U Pa L Rev at 980 (cited in note 5) (identifying flaws in the arguments of civil Gideon advocates); Barton, 62 Fla L Rev at 1249 (cited in note 36) (describing it as “quite unlikely that the current Court would even take a civil Gideon case”). See also generally Laura K. Abel, A Right to Counsel in Civil Cases: Lessons from Gideon v. Wainwright, 15 Temple Political & CR L Rev 527 (2006).
After each side presents testimony and evidence, the jury delivers his charge to the jury, usually in the form of written instructions. Each side may present proposed written instructions to the judge for consideration. After the judge has considered all proposed instructions, the jury is given each instruction which sets forth the jury’s responsibility to decide the facts in light of the applicable rules of law. The jury then returns a verdict granting favor to the plaintiff or defendant and assesses damages to be awarded, if any.
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.
If you’re a Gangster, you’re almost there. You already have more knowledge, experience, skills and confidence than the lesser types. Just realize that you can’t always win with brute force. Add persuasion to your skill set, and fill gaps in your knowledge of protocol and procedure. That way, you won’t need to rely on brute force. That’s how you become a Conqueror.
If you’re considering unbundled legal services, shop for your attorney with the same care as you would if you were hiring a lawyer to handle your entire case. That is, you need to investigate a lawyer’s qualifications, competence, and diligence. You also have to consider the cost of unbundled services, including the lawyer’s fee and additional expenses, such as fees for paralegals, investigators, and experts.
Taking part in a recent ribbon cutting in Brooklyn are, from left, Lynn Kelly, executive director of the City Bar Justice Center; Debra L. Raskin, New York City Bar Association president; Chief Judge Carol B. Amon, Eastern District of New York; Magistrate Judge Lois Bloom; and Nancy Rosenbloom, director of the Federal Pro Se Legal Assistance Project.