Authority is the information used to convince a court how to apply the law to the facts of a case. Legal authority is divided into two classes -- primary and secondary. There are two sources of primary authority: (1) constitutions, codes, statutes, and ordinances; and (2) court decisions, preferably from the same jurisdiction where the case is filed. Secondary authority, which is not cited except in certain circumstances, is found in legal encyclopedias, legal texts, treatises, law review articles, and court cases in other jurisdictions.
This Part presents an empirical analysis of pro se reforms made in federal district courts. It compares outcomes for pro se litigants in courts that have implemented reforms with outcomes for pro se litigants in courts that have not implemented reforms. The analysis discovers that outcomes are not substantially different in courts that have made these reforms. Hence, this Part suggests that pro se reforms in federal district courts have not impacted outcomes of pro se litigation despite evidence that clerks and judges in those courts believe the reforms are effective at achieving this goal.
The clinic has also introduced a unique program that solicits junior lawyers at firms to take or defend depositions for pro se litigants on a pro bono basis. As a former litigator in private practice Tarnofsky recognized that in high stakes litigation, clients often want experienced lawyers handling depositions. This program has been welcomed by a number of large New York City law firms an opportunity to train the next generation of lawyers. For pro se litigants it means not having to face a tough deposition on their own, and having a far better chance to tell their stories and make the best case or mount the best defense possible.
The Sixth Amendment guarantees criminal defendants the right to representation by counsel. In 1975, the Supreme Court held that the structure of the Sixth Amendment necessarily implies that a defendant in a state criminal trial has a constitutional right to proceed without counsel when he voluntarily and intelligently elects to do so. See Faretta v. California, 422 U.S. 806 (1975). Thus, an unwilling defendant may not be compelled by the State to accept the assistance of a lawyer. A defendant's right to self-represenatation in federal criminal proceedings is codified in 28 U.S.C. § 1654.
Pierre loves his mother like a sister, his sister like a wife, and his ex-fiance like a cousin. Plus two romantic friendships with a male cousin and boyhood friend. This is an insane book, beautifully written, poetic and philosophical, with one of the most sudden, craziest feel bad endings I've seen since Dostoevsky's The Demons. In the last few chapters there is one murder, two suicides, and one death by shock/heartbreak.
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.
Table 3A suggests that the various policies used to assist pro se litigants in federal district courts have not substantially affected win rates for pro se plaintiffs. When both parties are represented, plaintiff win rates gravitate around 50 percent. When only the plaintiff is pro se, the plaintiff win rate hovers between 2 and 5 percent. All of the policies registered in the FJC Survey classified as “programs and procedures to assist pro se litigants”—the types of policies discussed throughout this
Paul Bergman is a Professor of Law at the UCLA School of Law and a recipient of two University Distinguished Teaching Awards. His books include Nolo’s Deposition Handbook (with Moore, Nolo); Reel Justice: The Courtroom Goes to the Movies (Andrews & McMeel); Trial Advocacy: Inferences, Arguments, Techniques (with Moore and Binder, West Publishing Co.); Trial Advocacy in a Nutshell (West Publishing Co.); Represent Yourself in Court: How to Prepare & Try a Winning Case (with Berman, Nolo); Depositions in a Nutshell (with Moore, Binder, and Light, West Publishing); Lawyers as Counselors: A Client-Centered Approach (with Binder, Tremblay, and Weinstein, West Publishing); and Cracking the Case Method (Vandeplas Publishing). He has also published numerous articles in law journals.
A trial is defined as "a judicial examination of issues between parties to an action." The parties each get the opportunity to present their side of the case, and the judge and jury (if the trial is a jury trial) are responsible for entering a verdict and judgment based on the evidence and arguments presented. It is the judge's duty to see that only proper evidence and arguments are presented. In a jury trial, he also instructs the jury which will be called on to make decisions regarding those matters at issue and then a judgment is entered based on the verdict reached by the jury. Local Rule 58.1.
I can definitely use these services. I am a well respected but hated pro se litigant. Why do attorneys get upset or angry when you have a lot of court cases even though none or criminal? If more than one person does the same thing to you why can’t you take them all to court? What is too many lawsuits? Most important I’m working on plaintiff summary judgement which was due today. I will file out of time with a motion. I had a jurisdiction and venue issue. I will provide more information because I will help and comments. Thank you
The center’s approach, known as “limited-scope legal assistance,” can fill an important void. Most federal courts devote substantial resources to pro se litigants, such as handbooks and staff time answering process questions, and pro se staff attorneys help judges process cases. But court staff may not give legal advice to litigants, and although private lawyers offer some volunteer assistance, they cannot meet demand.
125. Although the reform was implemented in May 2001, this Comment codes this variable to 1 only for all cases filed in 2002 and after. The theoretical reason for this is to give the reform the benefit of the doubt; it may have had an effect, but that effect may appear only after it was integrated into EDNY’s normal pro se proceedings. In practice, the regression results do not meaningfully change if this variable is set to “1” for all cases filed in May 2001 and after.
“Federal cases are difficult for litigants, who are anxious to begin with and understandably confused by what is a complicated legal process. Even when their cases are potentially meritorious, without legal advice it is very easy for litigants to make mistakes that compromise their cases,” said Tarnofsky. “Thanks to the support of the SDNY, the NYLAG Pro Se Clinic is off to a great start.”
Pro Se One Stop Legal Document Services, LLC is not a substitute for an attorney and we do not offer legal advice. We simply recognize the dilemma placed upon the consumer who cannot afford or chooses not to incur expensive attorney’s fees. Without any assistance in preparing legal documents and forms, many consumers go without taking any legal action or simply go at the legal system lost and alone, which often leads to devastating results. Not all legal matters require an attorney. We offer a low-cost alternative by helping you fill out and file the necessary documents and forms; and teach you how to closely monitor your case. We look forward to serving you!
In order to evaluate the effects of different pro se reform measures undertaken by district courts, this Section compares the win rates of pro se litigants in courts that have enacted each of the reforms discussed in the FJC Survey with the win rates of litigants in the districts that have not enacted those same reforms. Table 3A compares the win rates for plaintiffs in cases in which both parties are represented with those in which either the plaintiff or defendant is pro se based on whether the district court employs a particular policy.
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.
If you struggle with confidence, it can feel like an insurmountable problem. Your lack of confidence doesn’t just impact how you feel, it also impacts how you present yourself to the world, and how you are perceived by others. If you don’t feel confident in yourself, in your abilities, or in your worth, other people aren’t going to view you any differently. This can impact your personal relationships, your status at work, and even the simplest daily interactions.
However, it is not limited to your employment alone. You can do good things by being of service to others in your everyday life as well. You can volunteer, donate, or simply take the time to perform simple acts of kindness for the people you encounter each day. If you can go to bed each evening knowing you have been kind and helpful, that you’ve worked hard, and did things to make life better for yourself or others, confidence will never be a problem for you.
Eighty percent of state criminal defendants cannot afford to pay for a lawyer, and only those who are actually incarcerated are constitutionally entitled to appointed counsel. Many people facing misdemeanor charges can, if convicted, be subjected to significant fines and fees, or face the loss of benefits (including housing) or deportation. Yet, they have no right to an attorney, and those who cannot afford a lawyer will go without one.
There are some notable records of pro se litigants winning more than $2,000 as plaintiffs: Robert Kearns, inventor of the intermittent windshield wiper who won more than $10 million from Ford for patent infringement; Dr. Julio Perez (District of Southern New York 10-cv-08278) won approximately $5 million in a federal jury trial from Progenics Pharmaceuticals for wrongful termination as a result of whistleblowing; Reginald and Roxanna Bailey (District of Missouri 08-cv-1456), a married couple, who together won $140,000 from Allstate Insurance in a federal jury trial; George M. Cofield, a pro se janitor, won $30,000 from the City of Atlanta in 1980; and Jonathan Odom, a pro se prisoner, who while still a prisoner, won $19,999 from the State of New York in a jury trial. Timothy-Allen Albertson, who appeared in pro. per., was awarded $3,500 in 1981 in a judgment by the San Francisco Municipal Court entered against the Universal Life Church for defamation by one of its ministers.
Their rights notwithstanding, pro se litigants create many obstacles for our judicial system as a whole. Indeed, pro se lawsuits are viewed by many as “a type of litigation that’s just riddled with problems on every level.” Lois Bloom, Statement at Pro Se Litigation Panel Discussion, National Workshop for District Judges I (Fed. Judicial Ctr. Mar. 22, 1995). As one commentator has stated,
The mission of the United States District and Bankruptcy Courts for the District of Idaho is to provide an impartial and accessible forum for the just, timely, and economical resolution of legal proceedings within the jurisdiction of the courts, so as to preserve judicial independence, protect individual rights and liberties, and promote public trust and confidence.
In a California study of family matters, one party appeared pro se in 2/3 of all domestic relations cases and in 40% of all child custody cases in 1991-95. California reports in 2001 that over 50% of the filings in custody and visitation are by pro se litigants. Urban courts report that approximately 80% of the new divorce filings are filed pro se.