Now, even those who initially tried to get more people to represent themselves said there are problems, fueled at least partially by lawyer's fees that few of the poor can afford. It's not uncommon for a lawyer to ask for a $5,000 retainer to take a divorce case. Fees vary in different parts of the state -- anecdotes from lawyers and judges indicated that Fairfield County lawyers charge the highest prices -- but it is difficult to find anyone who charges less than $200 an hour and not uncommon for lawyers to charge $500 an hour, lawyers and judges said.
The relative win ratios tell a similar story. There is wide variance based on the type of lawsuit being brought, but represented litigants consistently have far better outcomes than pro se litigants in court. When both parties are represented, plaintiffs win at a rate between 1.4 and 42.1 times as often as when only the defendant is represented. By contrast, a represented plaintiff is roughly 0.2 to 0.9 times as likely to win a case against a represented defendant as against a pro se defendant.91
We will start with pro se. That's a Latin term meaning on one's own behalf and in a court setting it refers to persons who present their own cases without lawyers or other representatives. Now some people choose to act pro se because they have legal experience or they're otherwise very confident about their ability to convey their claim or their defence without any assistance. Other people may simply wish to avoid paying attorney's fees and the often exorbitant expenses associated with hiring a lawyer.
5. If you or your group did anything to inform that particular business owner of his violation, then you might want to make that paragraph 19. It might read like this, "During the summer of 1997, the Louisville CIL visited the business in question, and spoke to the owner. The owner could easily make his business accessible but has chosen not to comply with the Americans with Disabilities Act."
As Tables 2.2 and 2.3 demonstrate, the presence of a pro se plaintiff or pro se defendant dramatically changes the dynamics of litigation. When both parties are represented and there is a recorded final judgment for either the plaintiff or the defendant, the plaintiff and the defendant each win roughly 50 percent of the time. When the plaintiff proceeds pro se, the plaintiff instead wins about 4 percent of the time. When the defendant proceeds pro se, the plaintiff wins 86 percent of the time. These differences are stark. A represented defendant will nearly always prevail over a pro se plaintiff in court. A represented plaintiff will win almost as consistently against a pro se defendant.
Know What the Law Says! One of the biggest case-losing mistakes is mis-reading statutes. If you don’t know what the law says, you’ll have a hard time getting a judge to agree with you! Statutory language must be interpreted according to well-established “rules of statutory interpretation”. The rules of statutory interpretation are vital to winning […]
We strongly recommend that you prepare a trial notebook. A trial notebook is a series of outlines covering matters such as what you must prove (or, if you are a defendant, disprove); the evidence you will use to prove (or disprove) those matters; the topics you intend to cover on direct and cross-examination; a list of the names, addresses, and telephone numbers of your witnesses; and the exhibits you plan to introduce into evidence. The notebook serves as your courtroom manager. You can refer to it to make sure that you do not overlook evidence you planned to offer or an argument you intended to make.
A court hearing is usually a short and narrowly defined proceeding in which you are not entitled to a jury. A judge conducts the hearing and makes a ruling. Depending on the kind of dispute you’re facing, you may find yourself in a hearing rather than a trial. For example, you’ll probably have a hearing if you are seeking an increase or a decrease in spousal or child support following your divorce or if you need to prove how much money you are entitled to after a defendant has failed to respond to your claims. This book’s advice is as pertinent to hearings as it is to trials. Many of the courtroom procedures and rules of evidence are exactly the same in a hearing as in a trial. And you still must offer evidence in a way that persuades the judge or hearing officer to rule in your favor.
According to Utah Judicial Council report of 2006, 80 percent of self-represented people coming to the district court clerk's office seek additional help before coming to the courthouse. About 60 percent used the court's Web site, 19 percent sought help from a friend or relative, 11 percent from the court clerk, and 7 percent went to the library. In the justice courts, 59 percent sought no help.
Table 2D shows the most common types of litigation in federal district courts and the frequency with which each type of case involves a pro se plaintiff or defendant. Pro se plaintiffs bring a disproportionately large percent of civil rights and employment discrimination cases. In contrast, pro se plaintiffs rarely bring other types of cases, such as products liability, contract, asbestos, and insurance cases.86 Table 2D also shows that the only types of cases that frequently involve pro se defendants are property cases, which are primarily foreclosure proceedings.87 Perhaps the most important takeaway from Table 2D is that a substantial proportion of many types of cases are brought by pro se plaintiffs. Though there is significant variance—pro se litigants bring 32 percent of civil rights cases but bring a more modest 8 percent of cases involving the government and 2 percent of insurance and product liability cases—pro se litigants are prevalent across many types of cases. Any reforms targeting just one type of lawsuit cannot fully address the scope of issues faced by pro se litigants.
The SDNY, which provides the funding for the clinic, recently approved the introduction of a mediation project, which in a short period of time has proved to be highly effective. Clinic staff members and volunteers are now permitted to represent pro se litigants in connection with settlements. Litigants get an impartial view of the strengths and weaknesses of their cases, resulting in earlier resolutions. Over half of the litigants who were represented by clinic staff members or volunteers settled their cases.
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Ted Bundy, a man convicted of murdering 3 women, and suspected of murdering 30 more, chose to represent himself on and off during two separate murder trials in Florida. Bundy appeared pro se at several hearings at the beginning of his 1979 murder trial, which was the first nationally televised trial in U.S. history. Many people believed Bundy’s insistence on taking the reins of his defense as a pro se litigant on many occasions to be hubris, as he believed he was more intelligent than investigators, prosecutors, and even defense attorneys on the case.
No Guidance on Timing or Parties. The forms do not give any guidance on when certain kinds of pleadings or claims or defenses have to be raised, or who has to be sued. Some pleadings, claims, or defenses have to be raised at a certain point in the case or within a certain period of time. And there are limits on who can be named as a party in a case and when they have to be added. Lawyers and people representing themselves must know the Federal Rules of Civil Procedure and the caselaw setting out these and other requirements. The current Federal Rules of Civil Procedure are available, for free, at www.uscourts.gov.