The American Board of Trial Advocacy (ABOTA), a national group of experienced trial lawyers, adopted the Principles of Civility, Integrity and Professionalism, which are “intended to discourage conduct that demeans, hampers or obstructs our system of justice.” Principle 19 states that attorneys should “never take depositions for the purpose of harassment or to burden an opponent with increased litigation expenses.”
Many states have amended their court procedures to make litigation less of a challenge for self-represented parties. For example, the New York State Courts’ “eTrack System” allows civil litigants to file court papers electronically, sign up for free reminders about court appearances, and receive e-mail notifications whenever a court updates their case file. New York has also established a website that contains information about legal procedures, a glossary and court forms. Visit www.nycourthelp.gov.
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.
Beyond the difficulties specific to civil Gideon, there is also empirical uncertainty regarding the value of access to counsel. Dozens of experimental studies have attempted to shed light on the effectiveness of attorneys in various settings in aiding litigants who would otherwise be proceeding pro se.52 One 2010 meta-study conducted on a selection of prior studies suggested that representation by counsel improved a party’s odds of winning a suit by a factor between 1.19 and 13.79.53 While those numbers suggest that access to counsel probably increases a litigant’s odds of winning a case by at least some margin, the size of the range limits the value of these studies to policymakers.54 There is also debate concerning the quality of most of these studies. A 2012 article by Professor D. James Greiner and Cassandra Wolos Pattanayak looked at dozens of previous studies to quantify the added value of access to counsel and found almost all of those studies were unable to accurately measure the effect of access to counsel.55
Melville’s last novel was met mostly with ignorance. Perhaps it was Melville’s form and style, summed by his own words, “There are some enterprises in which a careful disorderliness is the true method.” Though more true of Moby Dick than The Confidence Man, I suspect readers still didn’t quite know what to make of a novel that, despite being orderly by comparison, was nearly three-quarters dialog; without a discerna ...more
91. Property cases are an interesting exception, with a represented plaintiff still 0.88 times as likely to win a case against a represented litigant as against a pro se defendant. Though the noncausal nature of the comparisons weighs against drawing any overly significant inferences from this fact, it does suggest that the trend toward increasing numbers of defendants proceeding pro se in property suits might not be a particularly important issue.
Use small claims court techniques in bench trials. Most states have revamped court rules and procedures to accommodate non-lawyers very well in one place: their small claims courts. Small claims cases are not simple; many are conceptually difficult. (Lawyers have been willing to accommodate the small claims court system because those cases present little or no potential for fees.)
For people dealing with a personal injury claim, a landlord-tenant dispute, a small business scrape or any of the dozens of other possible legal muddles, this book points the way through the complex court system. The book also ncludes a chapter dealing with the specifics of handling a divorce, child custody or child support action.Written in plain English, Represent Yourself in Court breaks down the trial process into easy-to-understand steps so that you can act as your own lawyer -- safely and efficiently. Veteran attorneys Bergman and Berman-Barrett tell you what to say, how to say it, even where to stand when you address the judge and jury.Armed with the simple but thorough instructions in Represent Yourself in Court, you can be heard and taken seriously in any courtroom. Readers learn how to: X file court papers X handle depositions and interrogatories X comply with courtroom procedures X pick a jury X prepare your evidence and line up witnesses X present your opening statement and closing argument X cross-examine hostile witnesses X understand and apply rules of evidence X locate, hire and effectively use expert witnesses X make and respond to your opponent's objections X get limited help from an attorney on an as-needed basis X monitor the work of an attorney if you decide to hire one Whether you are a plaintiff or a defendant, this book will help you confidently handle a divorce, personal injury case, landlord/tenant dispute, breach of contract, small business dispute or any other civil lawsuit.
Some experts, like John Pollock with the National Coalition for a Civil Right to Counsel, have focused on expanding the right to counsel in civil cases implicating basic human needs. Others have advocated for expansion of the right to counsel in lower-level criminal cases where the consequences – including obstacles to housing or employment, or deportation – can still be incredibly high.
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:)
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.
Courts have implemented a number of different programs and procedures to assist pro se litigants. For example, the 2011 FJC Survey revealed that twenty-five districts allowed pro se law clerks to directly communicate with pro se litigants about their cases; thirty-five districts allowed pro se litigants to electronically access information about the docket sheet, pleadings, and more through case management/electronic case filing (CM/ECF); nineteen disseminated information about programs for pro se litigants outside the court, such as in public libraries; and ten provided software specifically designed to help pro se litigants prepare their proceedings.66 These types of reforms mirror those suggested by the Supreme Court in Turner:67 for example, providing notice to pro se civil litigants of important issues affecting the case and using forms to solicit relevant information. Likewise, giving access to the docket sheet and pleadings through CM/ECF and allowing communication with a pro se law clerk somewhat fulfills the Supreme Court’s suggestion to increase efforts to provide pro se litigants with notice. The pro se software typically helps simplify filing and participation in civil proceedings, similar to forms that would solicit relevant information.
There are two court systems in the United States: the state courts and the federal courts. The state courts typically hear matters relating to civil, criminal, domestic (divorce and child custody), probate, and property in accordance with the laws of each state. Matters typically heard by the federal courts involve violation of federal laws; admiralty and maritime matters; United States patent, trademark, and copyright matters; bankruptcy proceedings; proceedings against ambassadors, consuls, and ministers. These matters usually fall into two main categories: (1) federal question cases -- cases which arise under the Constitution, laws, or treaties of the United States; and (2) diversity cases -- civil matters arising between parties who are citizens of different states and the amount in controversy exceeds $75,000.
A number of recent studies funded by the courts and the ABA have advanced the concept of the multi-door courthouse, where courts would offer potential litigants a menu of possible solutions, many of which would not require a lawyer. This concept assumes courts want to reach out to prospective users and help them resolve their disputes in a manner appropriate to the dispute and the resources of the parties.
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.
A tort is defined as a "private or civil wrong or injury." It is distinguished from criminal law because it is an injury against an individual and not the state (city, county, or state government). If a person ran a stoplight and hit your car, the state would ticket the driver for running the stoplight but it would not be able to sue the driver for the injuries received by the victim of the other car. That is considered a private wrong or injury and it is the right of the victim to file a civil suit against the driver seeking damages for the injuries received.
5. See generally, for example, Committee on Federal Courts of the New York State Bar Association, Pro Se Litigation in the Second Circuit, 62 St John’s L Rev 571 (1988) (suggesting solutions to combat an exploding pro se docket); Benjamin H. Barton and Stephanos Bibas, Triaging Appointed-Counsel Funding and Pro Se Access to Justice, 160 U Pa L Rev 967 (2012) (arguing that there are more cost-efficient approaches to improving pro se litigation than a constitutional right to counsel in civil cases because of the considerable resources that it would require).
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.
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.
In 2011, the Federal Judicial Conference surveyed federal court clerks offices regarding pro se issues. They found that only 17 of 62 responding judges report that discovery is taken in most non prisoner pro se cases and only 13 reported that discovery is taken in most prisoner pro se cases.:21 In the same survey, 37% of judges found that most pro ses had problems examining witnesses, while 30% found that pro ses had no or few problems examining witnesses.:22 53% found that represented parties sometimes or frequently take advantage of pro se parties.:23 Only 5% reported problems of pro ses behaving inappropriately at hearings.:24 Respondents to the FJC study did not report any orders against non prisoner pro se litigation.