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.
Tables 2E and 2F show that there is considerable variance in the outcomes of different types of cases for both represented and pro se litigants. When plaintiffs proceed pro se, they win somewhere between 2 and 11 percent of cases, depending on the nature of the suit. When the defendant is pro se and the plaintiff is represented, the plaintiff wins somewhere between 43 percent and 93 percent of cases,89 depending on the nature of the suit. This substantial variance is not confined to pro se litigants. Even when both parties are represented, there is wide variance in the percentages of cases won by plaintiffs, ranging from just 13 percent in products liability and employment discrimination cases to 77 percent in property cases.90 But in essentially all categories, pro se litigants fare far worse than represented litigants.
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
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…
Table 3C relies on the same data but considers the win rates of different types of litigants based on the total number of policies that the district court has implemented rather than which particular policies the court has implemented. Table 3C thus seeks to test the slightly different hypothesis that there may be a cumulative benefit from implementing these policies even if none is individually impactful.
Tables 2E and 2F, the final tables in this Part, examine how win rates for pro se litigants vary across different types of cases. The win ratios in Table 2E compare the probability of a plaintiff winning when both parties are represented to the probability of a plaintiff winning when the plaintiff is a pro se plaintiff but the defendant is represented. In the column “Plaint Rep’d / Plaint Pro Se,” the number 2.0 would mean that plaintiffs win twice as often when both parties are represented as compared to cases in which the plaintiff is pro se. The higher the number, the better represented litigants fare relative to pro se litigants.
Examples Only. The forms do not try to address or cover all the different types of claims or defenses, or how specific facts might affect a particular claim or defense. Some of the forms, such as the form for a generic complaint, apply to different types of cases. Others apply only to specific types of cases. Be careful to use the form that fits your case and the type of pleading you want to file. Be careful to change the information the form asks for to fit the facts and circumstances of your case.