We have written another book that can help if you or someone you know has been arrested or accused of a crime and is facing possible criminal charges. It’s called The Criminal Law Handbook: Know Your Rights, Survive the System (Nolo). While that handbook does not recommend self-representation in criminal cases, it can be a tremendous resource at a time you need solid, trustworthy information.
The one solution to many of life's worries is simply to laugh them off. If you feel poorly about yourself, rest assured in the knowledge that everyone else does too--and let out a light chuckle about how ridiculous it is that we all worry so much about other's thoughts and opinions. One of the better aspects of growing up and into your own skin is learning how to laugh at yourself when things don't go as planned. The act of developing self-confidence is no different. So, laugh, and see how you'll love yourself just a little bit more with each beautiful, ringing one.
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:)
Amendments.15 The Sixth Amendment famously states that, “[i]n all criminal prosecutions, the accused shall enjoy the right to . . . the Assistance of Counsel for his defence.”16 The Supreme Court has clarified the scope of the right to counsel in criminal prosecutions through a series of landmark cases, gradually converting a guaranteed right to provide one’s own counsel into a right to
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.
If the parties do not settle, the case will proceed to trial. At trial, both the plaintiff and defendant will present their cases through evidence, including witness and expert testimony. Defamation cases are typically questions of fact, so a jury will decide whether or not the plaintiff was defamed and, if so, the amount of injury damages you're entitled to receive.
There are a few potential omitted variables that this analysis is unable to capture. One possible issue is changing caseloads in each district over time. If the composition of EDNY’s pro se docket shifted in a different way than New York’s other district courts in the years surrounding the reform, that may hide the impact of EDNY’s reforms. Another possibility is that noncourt legal actors may have changed their strategies in response to EDNY reforms. If, for example, outside legal aid clinics started shifting their resources to non-EDNY courts in response to this reform, possibly because those clinics knew that pro se litigants would receive adequate assistance in EDNY due to the reforms, that may also mask the impact of these reforms in EDNY. Finally, because this analysis compares the outcomes of pro se litigation in EDNY with outcomes of pro se litigation in the other New York district courts, if those district courts also made improvements to the pro se litigation process during this time period, the analysis might understate the effect of the EDNY reforms.
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.
Put another way, the follow-up question might be, "Even if he can't get the attention of an advocacy lawyer (e.g., the police performed an illegal search, but not enough harm was done to move their needle; or perhaps the department otherwise hasn't attracted negative attention), are there warning signs that a pro se plaintiff can pick up on if he's listening carefully that will keep him out of trouble? Or is there really just too much experience needed to reliably make the right calls on critical decisions, so pro se litigation is inherently perilous?" – feetwet♦ May 28 '15 at 18:57
If you go by calls and emails Jurisdictionary receives, there's good reason for this! Lawyers who bail at the last minute. Lawyers who don't know what they're doing. And, worst of all, lawyers wishing to curry favor with judges, afraid to stand up to the buffalo in the black robe and demand their clients' rights by making timely objections and threatening appeal.
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
2. When a particular case is decided, it becomes "precedent" which means that it becomes an example or authority for an identical or similar case or a similar question of law. Court decisions are the basis for the system of stare decisis. These decisions are published in what is called the National Reporter System which covers cases decided by the United States Supreme Court down to the individual state district courts. These reporters each have their own "digest" system which serves as an index by subject on points of law. There are many reporters in this system and they can be found in most law libraries.
Just a year after Ms. Eldrich ended her marriage, divorce in Connecticut changed dramatically, opening the way to more pro se representation. In 1973, the Legislature passed a law allowing no-fault divorces, so a married couple who had decided to break up did not have to prove it was someone's fault. That eliminated the sometimes difficult process of showing that one party had committed adultery or had been intolerably cruel, which were two of the reasons spouses could give for seeking a divorce.
Remember, in Chapter II we discussed the five required elements of a lawsuit. Before filing a case in a federal court, you must decide if the court has jurisdiction. Jurisdiction is the authority given a court to hear and decide certain cases. The United States Supreme Court is given its authority by Article III of the United States Constitution. There may be instances when the United States Supreme Court might review a judgment rendered by a state court, but those instances are rare, occurring only when there has been a final judgment or decree of the highest court of the state in which a decision could be had involving a substantial federal question. Normally, the United States Supreme Court reviews judgments rendered by the United States Courts of Appeals, of which there are thirteen federal judicial circuits. The United States Supreme Court has original jurisdiction over matters involving treason and presidential impeachment.
Whether you are a party to a lawsuit, a person representing yourself in a lawsuit, or an attorney representing a party in a lawsuit, you are subject to the rules of procedure for any court in which your case is filed. The federal courts are governed by the Federal Rules of Civil Procedure (Fed. R. Civ. P.) and the Federal Rules of Criminal Procedure (Fed. R. Cr. P.) as well as other rules of procedure regarding other areas such as evidence, appeals, etc. No matter what document or procedure you are involved with, you must follow the particular rule or rules that govern the matter.
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
3. Many commentators share the same concerns about indigent criminal defendants. However, because criminal defendants are guaranteed access to counsel, they face a somewhat different set of challenges than pro se civil litigants and are not the focus of the analysis of this Comment. For one critical discussion of the treatment of indigent criminal defendants, see generally Stephen B. Bright, Legal Representation for the Poor: Can Society Afford This Much Injustice?, 75 Mo L Rev 683 (2010). But see J. Harvie Wilkinson III, In Defense of American Criminal Justice, 67 Vand L Rev 1099, 1127–29 (2014) (arguing that representation of criminal indigent defendants is generally of high quality).
Table 4 suggests that, like the other pro se reforms that Part III considers, the pro se reforms in EDNY have not been effective in improving case outcomes for pro se litigants. The coefficient on the dummy variable indicating whether the EDNY pro se reforms were instituted is -0.59, and the 95 percent confidence interval suggests that there is some nonzero negative effect when no controls are instituted in the first model in column one.128 The results are similar for the second and third models except that, once all districts are controlled for, the negative impact of the reform is statistically significant. When dummies are introduced corresponding to the year of each case filing, this negative effect disappears and the fourth and fifth models indicate no statistically significant impact from the reform. Including the full set of controls for year and district, the 95 percent confidence interval suggests that the reforms in EDNY had an impact of somewhere between -0.43 percent and 0.51 percent on the win rates for pro se litigants, with a statistically insignificant mean estimated impact of 0.04 percent.129 These results suggest that pro se reforms were not effective at improving win rates for pro se litigants.
Proponents and detractors within the civil Gideon debate disagree on how effective civil Gideon would be in improving case outcomes for pro se litigants. One reason for this is that commentators disagree about how effective Gideon itself has been at improving case outcomes for criminal defendants.50 Many of the reasons commonly given for the failure of Gideon, such as the political difficulty of allocating sufficient resources to defense lawyers and the high bar for claiming ineffective assistance of counsel, would likely apply with equal or greater force in the context of civil Gideon.51
There is every reason to believe that the number of pro se litigants involved in litigation in federal and state courts will continue to rise in the coming years, especially given the courts’ focus on increasing access to pro se parties. Along with this increase, the challenges facing the judicial system and trial counsel involving unrepresented parties will continue to rise, requiring increasingly careful consideration. However, armed with the best practices, trial counsel can help alleviate some of the challenges both sides of the aisle face.
In the early 1970's, it was virtually unheard of to go into court without a lawyer. Sarah D. Eldrich, a divorce lawyer in New Haven, was divorced in 1972 when she was a 21-year-old student at Quinnipiac University. Ms. Eldrich, who worked at the New Haven Legal Assistance Association while she was attending college, knew how to draft the papers for a divorce, but said she was discouraged from doing the divorce herself. The experience, she recalled in a recent interview, made her feel powerless.
Clarence Earl Gideon, a man who could not afford to hire an attorney to represent him, appeared in a Florida court in 1961, after being accused of felony breaking and entering, requesting that the court appoint counsel to represent him. The state court denied his request, stating that Florida state law allowed the appointment of counsel only if the defendant has been accused of a capital offense. Gideon, who was forced to act pro se was convicted of the crime and sentenced to 5 years in prison.
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.