11. See Donna Stienstra, Jared Bataillon, and Jason A. Cantone, Assistance to Pro Se Litigants in U.S. District Courts: A Report on Surveys of Clerks of Court and Chief Judges *3 (Federal Judicial Center, 2011), archived at http://perma.cc/8TYT-7Y43 (reporting that 90 percent of the US district courts surveyed have adopted at least one procedural reform).
The Legal Services Corporation, the single largest funder of civil legal aid for low-income Americans in the nation, reported in June that 86 percent of low-income Americans receive inadequate or no professional legal help for the civil legal problems they face. Here in Georgia, state courts heard more than 800,000 cases involving self-represented litigants in 2016 alone.
Great advice! Every point you have made about lawyers and their tricks, I have experienced. One of the greatest failures of the lower courts is the acceptance of inadequate documentation because they go unchallenged. The court is not going to do your work or come to your rescue as you may think. If the document is a not original or is forged, it is up to you to make the case. Even if the judge can see that a document may have an obvious forgery, you must still make the case against it.
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.
From Figure 1, it’s difficult to tell whether there is a trend in EDNY meaningfully different from the trend seen in other New York district courts. To investigate this further, this Comment runs the logistic regression described above. Table 4 displays the results of that regression. Because the outcome variable is whether a plaintiff wins or loses a particular case, and each of the independent variables in this regression is a binary dummy variable, the coefficients describe the change in the probability of a case outcome when the variable is set to 1 instead of 0. Hence, a coefficient of 0.5 on the variable “EDNY Reform Dummy” would imply that EDNY Reform increased the chances of a pro se plaintiff winning a case by 0.5 percent.
Contingency Fees. When representing people in personal injury cases, lawyers often take a percentage of the final judgment—often one-third, but varying depending on factors such as whether a case settles before trial—as their fee. Because you will try your own case, you will probably not use a contingency fee arrangement. If your coach suggests one, do not agree to give too high a percentage, since you will be doing most of the work.
The exclusion of prisoner pro se litigation is a potentially consequential choice. Commentators sometimes discuss trends in prisoner and nonprisoner civil pro se litigation without differentiating between the two classes, but there is no reason to assume that trends in prisoner pro se litigation mirror trends in nonprisoner pro se litigation.80 Prisoner pro se litigation may be an interesting topic of its own. However, most prisoner litigation consists of several unique case types that are pseudocriminal in nature, particularly habeas petitions, that are not necessarily similar to other types of civil pro se litigation. Accordingly, the scope of this Comment excludes cases that are predominantly brought by prisoners in order to focus more narrowly on the dynamics of civil nonprisoner pro se litigation in federal district courts.81
One more effective path might look toward a growing body of research on more effective ways to provide self-help resources and literature to pro se litigants. A recent article by Professors Greiner, Dalié Jiménez, and Lois R. Lupica details their endeavors to develop a theory of the issues that potential pro se civil litigants would face in the legal process. Their article then draws on recent developments in a number of fields, such as education, psychology, and public health, to imagine what truly effective self-help materials would look like and how they might help pro se litigants fare better at trial.132 Courts and commentators could try to enhance the effectiveness of their reform efforts by drawing on this and other similar research. Using this kind of research to provide effective educational handbooks or to help courts communicate in ways that are more useful to pro se litigants could enhance the types of pro se reforms analyzed in this Comment.
As seen in Table 2A, civil nonprisoner pro se litigation appears to comprise a stable proportion of federal district courts’ dockets.78 Averaged over several four-year time periods, the percentage of cases in federal district courts that were filed by pro se plaintiffs has ranged only from 9 to 10 percent. However, that still constitutes an average of more than fifteen thousand federal district court cases each year involving nonprisoner pro se plaintiffs. Similarly, the percentage of cases that have been answered by pro se defendants has hovered around 2 percent.
I truly do appreciate the work you do and the information you provide as this is a great service to "all" citizens. Certainly more "legal information" is needed to increase "legal literacy" in the world today. I am amazed that you are able to respond so quickly given your "one man" operation. The "legacy" you are leaving by promoting "legal education" is important to this generation as well as future generations and I commend you for your efforts to impart of your knowledge. ... Leonard S.
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."