Out of that body of information, you develop your proof to support your claim at trial. Those relevant facts that tend to prove your theory of the case and disprove the other sides. The primary problem a pro se litigant faces compared to a lawyer is knowing how to exercise that power, knowing what questions to ask, and knowing what facts are likely to be persuasive on the ultimate issues at trial. It's having the power, but due to lack of experience, not utilizing it effectively that is usually the biggest hurdle for pro se litigants to overcome.

Handling Cases Involving Self-Represented Litigants: A Benchguide for Judicial Officers. (January 2007). Center for Families, Children, and the Courts. California Administrative Office of the Courts This comprehensive bench guide, the first of its kind, was designed to help judicial officers handle the increase in cases involving self-represented litigants. Twelve chapters of helpful suggestions are provided, along with sample scripts and checklists.
There’s no way to avoid it: If you represent yourself in court, you’re going to run into a lot of unfamiliar legal terminology. This book tries to translate the most common jargon into plain ­English. For quick refer­ence, check the glossary at the back of the book. You can find more plain-language definitions in Nolo’s online legal dictionary, available for free at www.nolo.com.

Aside from her family appellate matters, Christa has also been successful in small claims. In 2017 Christa brought a pro se complaint against an auto body repair shop after it made faulty repairs to her vehicle. The shop hired an aggressive attorney, but Christa successfully pushed the case to a settlement for the full amount of her claim. Although Christa cannot and will not offer legal advice, she genuinely engages with her clients, is always happy to lend a listening ear and to share her own pro se experiences. Christa encourages her customers to educate themselves of the system and the laws which she believes results in an empowered and confident pro se litigant.  


But a person who is not a professional lawyer typically lacks ready access to Lexis, WestLaw, and other such professional resources for researching recent and applicable case law. (Let us assume that the Bar does not exist in principle as a barrier to citizens seeking redress of grievances through the judicial system. I.e., "That's what lawyers are for, so pay up if you want justice" may be the practical answer. But I want to know how practical it is for one to seek justice pro se.)


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Consumers have tried to convince courts to set aside arbitration provisions on the grounds that they are unconscionable and deprive them of their day in court. However, these challenges are not usually successful. For example, under the Federal Arbitration Act, arbitration provisions can trump consumers’ rights to file class action lawsuits. (AT&T Mobility LLC v. Conception, 131 S.Ct. 1740 (2011)).
Paul Bergman is a Professor of Law at the UCLA School of Law and a recipient of a University Distinguished Teaching Award. His recent books include Reel Justice: The Courtroom Goes to the Movies (Andrews & McMeel); Trial Advocacy: Inferences, Arguments, Techniques (with Moore and Binder, West Publishing Co.); and Represent Yourself In Court and The Criminal Law Handbook (both with Berman-Barrett, Nolo). He has also published numerous articles in law journals.
Gideon, the movement has generally focused on providing counsel for indigent parties in proceedings involving threats to their basic needs.47 From the movement’s inception, commentators have been divided over the merits of civil Gideon. Advocates have put forth a number of arguments in favor of civil Gideon. They have argued that representation in civil litigation secures constitutional rights to due process and equal protection of law, is necessary to ensure fair trials, is “sound social policy,” and helps ensure more consistent outcomes for defendants.48 Critics have countered with both direct refutations and alternative suggestions. They have argued that Gideon wasn’t that effective in aiding criminal defendants, so civil Gideon would not be either; civil Gideon would be ineffective notwithstanding the effectiveness of Gideon; civil
Now most pro se litigants are at a disadvantage in contested litigation. It may be awkward or inappropriate for them to appear both as counsel and as a witness. They're deprived of the judgment of an independent third party in framing the case, in evaluating how to present the evidence and in forming legal arguments and also in making sure that it is reason rather than emotion that steers how the case is conducted. That's why Judges sometimes warn a party who is proceeding pro se of the old saying that anyone who represents himself in court has a fool for a client and an ass for an attorney.
Let the pro se party’s voice be heard. Individuals representing themselves at trial in civil litigation are often battling hardships on many fronts. Generally, they have found themselves in an unfamiliar and intimidating setting governed by a labyrinth of substantive and procedural rules, along with unwritten local customs and expectations. This maze can be challenging for even the most tested trial attorney. It is particularly daunting to pro se parties. Of course, it is frequently not by choice that pro se parties are in trial without the benefit of legal counsel. Whether they are acting as a plaintiff or a defendant, their status as a pro se party is many times forced by precarious financial situations. Moreover, the types of lawsuits in which pro se litigants are regularly involved—employment, professional malpractice, personal injury, whistleblower cases, and collections, to name a few—are often particularly rife with emotion and typically involve allegations of a sensitive, personal, and sometimes embarrassing nature. Indeed, these cases are often plagued by feelings of anger, resentment, pride, shame, and revenge. To make the situation even more challenging, pro se litigants frequently take the drastic step of representing themselves in civil litigation because they view themselves as victims of a wrong that must be made right, and they do not view as primary considerations the time and costs associated with redressing the wrong.
Washington Limited Practice Rule. With a goal of making legal help more accessible to the public, the Washington Supreme Court has adopted APR 28, entitled “Limited Practice Rule for Limited License Technicians”. The rule will allow non-lawyers with certain levels of training to provide technical help on simple legal matters effective September 1, 2012.

People who can't afford a lawyer are a rebuke to the organized bar's monopoly over legal services, because that monopoly is morally--if not legally--justified only if the legal profession is able to provide affordable justice for all. The lawyer bias against the self-represented is a clear case of blaming the victim--even though for years, the ABA has admitted that 100 million Americans can't afford lawyers.
Trial attorneys who are not mindful of the psychological and sociological elements at play when litigating against pro se parties risk exacerbating an already difficult situation by increasing the likelihood of protracted and unfocused litigation, appealable procedural missteps, and unmanaged expectations. Thus, at the outset of the lawsuit, an attorney facing a pro se opponent should make every effort to determine what is motivating the litigation (e.g., hurt feelings, anger, unmitigated expectations) and, if possible, the reason for the lack of representation. Throughout the pretrial process and during trial, a primary objective of counsel should be to strategically allow the pro se litigant to air his or her grievances in such a way as to limit the scope of triable issues while still being satisfied with his or her day in court.
This Part discusses trends in civil pro se litigation in federal district courts. It examines several important characteristics of pro se litigation: the volume, typical outcomes, and typical types of suits brought by pro se litigants. It then describes some implications of this data and thus helps contextualize the empirical analyses of pro se reforms that Parts III and IV present.
A person who is incarcerated or is otherwise in custody pursuant to court order may wish to challenge the fact or duration of his confinement. Such a challenge would be brought as a petition for writ of habeas corpus against the person or entity who holds them in custody, e.g., state or county. If the person can successfully show that a constitutional right was violated, which would have otherwise prevented the incarceration ("fact of incarceration") or the duration of the incarceration the court will grant a writ of habeas corpus.

43. Id at 447–48 (citations omitted). Note that safeguards, such as additional forms to elicit relevant information or additional notice about critical issues, are potentially similar, though not identical, to reforms such as giving pro se litigants access to an electronic version of the docket or allowing additional communication with a clerk at the court (the reforms analyzed in Part III).

As time went on, other factors played a role in spurring the increase of pro se litigants. Shirley M. Pripstein, who practices family law with Greater Hartford Legal Aid, said federal budget cuts in the mid-1990's sapped agencies that provided free legal service to the poor. Legal aid lawyers began to concentrate on the most difficult cases, such as those involving domestic abuse. They didn't have time or resources for poor people involved in more-standard divorce cases.
Why file a Pro Se complaint? As the chair of an advocacy group called the Disability Action Crew (DAC), I have lots of information to help others advocate for access. With every question I get asked about advocacy, it seems I often end up with more questions that go unanswered. It's like a coach trying to beat a team that makes all the rules as the game goes along. He's out there, he's trying to win, but every time he goes for the goal there's a different set of rules. Advocacy's like that‹we don't know the rule of winning access until we break them. And we look to authorities for the answers: the DOJ, the EEOC, the HRC, the DOT.

Tables 1.1 and 1.2 demonstrate that a large proportion of clerks’ offices and chief judges at district courts believe that pro se reform measures are helpful to nonprisoner pro se litigants.71 For example, the majority of clerks’ offices surveyed in the FJC Survey believe that making information and guidance tailored to pro se litigants readily available is one of the most effective measures for helping nonprisoner pro se litigants. The vast majority of responding chief judges believe handbooks and standardized materials are helpful, and about 25 percent of chief judges surveyed believe that personal assistance by the clerk’s office staff is helpful to pro se litigants. Often, these handbooks and standardized materials are extensive. For example, the Northern District of Illinois’s website currently has a thirty-five-page generalized handbook advising pro se litigants72 and specific instructions and forms for how to handle civil rights, employment discrimination, and mortgage foreclosure cases.73


Also, I don’t know what this obligation is to give access to justice that is apparently on the shoulders of individual lawyers. I only know of the 6th Amendment right to an attorney for defendants in a criminal trial, in which case any lawyer could be appointed to represent a defendant; I know of no other obligation to make legal services available to everyone on demand. But you can’t seriously tell me that you don’t pit pro se litigants against lawyers and publish the articles you do. I know some lawyers who are pretty burnt out dealing with pro se nonsense, and I know some who are more generous to those who play lawyer for themselves, but when your opposing counsel is a pro se litigant who can’t distinguish you from your client, or doesn’t understand why you’re representing your client vigorously and then goes on the defense, you wish you could just tell them what is obvious to you: it’s not about them. For example, I might be hesitant to encourage Tanya here to represent herself since she doesn’t seem to understand the difference between pro bono and contingency and statutes and case law, and that she hasn’t actually found any case law yet before deciding to pursue her lawsuit on her own and presenting what may be a matter of first impression, but that’s not my business…

This book explains each step of the civil litigation process from pre-litigation investigation through trial on the merits to give you the best chance of prevailing in your efforts whether you are a plaintiff or a defendant. Its detailed explanations of the various requirements of the litigation process are supported with detailed checklists that insure you leave nothing to chance as you work through the process and help you avoid the costly mistakes pro se litigants commonly make as they fight their lawsuits.
This Comment presents commentators with a perspective on the volume, types, and typical success rates of pro se litigants in federal district courts. It shows that nonprisoner pro se litigants comprise a meaningful percentage of the federal docket. Moreover, pro se litigants show up in substantial numbers across many different types of litigation, from property cases, to torts cases, to civil rights cases. However, in nearly all of those types of cases, pro se litigants fare at least several times worse than represented litigants; overall, pro se plaintiffs are less than one-tenth as likely to win cases as represented plaintiffs, whereas pro se defendants are only about one-third as likely to win cases as represented defendants.
Public Counsel's Federal Pro Se Clinic can provide free legal assistance to people representing themselves in the U.S. District Court for the Central District of California.  The Clinic does not assist with criminal, bankruptcy, habeas, appeals, or any state cases.  The Clinic does not provide representation in court and cannot find an attorney to represent you.

Even though mediation is informal, to reach a successful result you will need to show your adversary that you have strong evidence to support your legal position—evidence that is admissible in court should mediation fail. Otherwise, your adversary may not be willing to settle the case on terms you think are fair. This book will help you represent your position effectively during mediation.

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.

In the same vein of using your body, working out--even for just ten minutes a day-- can do wonders for clearing up your mind. When we work out, as I'm sure you know, our bodies emit endorphins that allow us to feel happy--even if we can't explain why. If you don't have time to squeeze in a full-body workout or some substantial cardio that day, just do a couple jumping jacks or take a brisk walk around the block. How much better--and more confident--you feel will amaze you.
Complaints about the performance or behavior of Clerk's Office staff should be made to the Clerk of Court or to one of the judges. Complaints about judges' decisions on procedural matters or the merits of disputes can only be addressed through the regular appellate process. Any person alleging that a judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, or that a judge is unable to discharge all the duties of the office by reason of mental or physical disability may file a complaint pursuant to the Rules of the Tenth Circuit Judicial Council Governing Complaints of Judicial Misconduct or Disability.
Not surprisingly, this disparity in legal knowledge and skill on the part of pro se litigants produces a host of unique problems for the courts and the bar in general and, in particular, for trial counsel. Nevertheless, despite the many challenges they bring to the table, pro se litigants are here to stay, and their numbers are steadily growing. According to the National Center for State Courts, the number of pro se litigants in civil cases continues to rise, and there is every reason to believe this trend will continue. https://www.ncsc.org/. In fact, the number of annual non-prisoner pro se filings each year in federal courts alone tops about 25,000 and constitutes a significant section of the federal caseload. Jefri Wood, Pro Se Case Management for Nonprisoner Civil Litigation (Fed. Judicial Ctr. Sept. 28, 2016).
As mentioned, the decision to proceed as a pro se defendant will almost always be more risky than working with a lawyer. If you represent yourself, your success will depend on your own knowledge of the law and whether you can argue your claim in the proper way. At the very least you may wish to request an initial consultation with a criminal lawyer to determine what type of representation best suits your situation. You should not take any chances at all if you are unsure about your own abilities.      
In contrast, the results for services intended to help pro se litigants obtain representation are somewhat less clear. Again, the resultant “improvements” in win rates look more like statistical noise than meaningful impacts, but there is arguably more room for contrary interpretations.113 However, while those reforms are no doubt also advocated by many seeking an alternative to civil Gideon, they concern increased access to counsel instead of substitutes for access to counsel. Thus, these kinds of reforms do not resemble the types of reforms suggested by the Supreme Court in Turner nor by most commentators discussing civil

3. Motion for Mistrial: Either party can move for a mistrial if, for example, during the course of the trial certain matters which are not admissible such as those mentioned in a motion for limine are presented by any witness either purposely or unintentionally in the presence of the jury. If the jury grants the motion for mistrial, the trial is immediately ended and the jury is dismissed.
Finally, the book devotes separate chapters to two types of specialized court proceedings. Chapter 21 provides information about hearings in divorce and related family law matters, such as spousal abuse, child custody, child support, and spousal support. Chapter 22 provides information for debtors and creditors about contested hearings that often occur in bankruptcy cases.
53. A factor of 1.19 indicates that a represented litigant is 1.19 times more likely to win than a pro se litigant in the same case. Some of these studies were conducted in different litigation contexts, and there is no a priori reason to believe that access to counsel has a similar impact on all types of litigation, so a large range in win ratios like the one seen here could conceivably be accurate. Still, the gap between a win ratio of 1.19 and 13.79 is sufficiently large to suggest uncertainty in these results. See Rebecca L. Sandefur, The Impact of Counsel: An Analysis of Empirical Evidence, 9 Seattle J Soc Just 51, 70 (2010).
The regression is run with five different sets of specifications. The first regresses outcomes against a dummy for whether the case took place with EDNY reform; the second model adds a dummy variable indicating whether each case took place in EDNY; the third model adds dummy variables indicating which district court each case was filed in; the fourth adds dummy variables for the year the case was filed (but removes the district dummy variables); and the fifth model includes dummy variables for both the year and district for each case.126
If the ALJ rules against you, you typically can appeal within the agency. If the agency’s decision is still unfavorable, you have “exhausted your administrative remedies” and can go to court and file a pleading asking a judge to overturn it. However, the judge who reviews the case will decide it based on the information you provided at the hearing. You won’t be able to present new evidence in court.

Prior to the actual trial, a pretrial conference is usually held between the trial judge and counsel to determine if all discovery has been completed, what exhibits and witnesses each side might use during the trial, the approximate length of time that will be necessary for the trial, and what ground rules the judge will require before, during, and after the trial. After the conference, a pretrial order is usually prepared which sets out the above.


Make plain-English information about how to navigate in the court available to the public. All court procedures can be explained in plain English. Nolo Press, other self-help law publishers and the Maricopa County Superior Court have proven that this is so. Unfortunately the courts systematically refuse to inform self-represented litigants about available private-sector publications, apparently on the ground that they don't want to be seen endorsing them. Fair enough. But the courts should then follow the lead of the Maricopa County Superior Court and make plain-English guides available to all.
2. Most district courts require you to have an original copy, a copy for each defendant, and an extra. Ask your clerk if they require more copies, and don't forget to keep a copy for yourself. 3. When you go to the district court's office, follow the clerk's instruction. They tend to be very helpful, and will usually lead you through the rest of the process. The clerk will give you a civil cover sheet to fill out while you are there. That cover sheet will be attached to your Pro Se. The clerk will help you, if you need assistance.
Most lawyers and judges would agree that pro se representation is not always the best decision for a defendant facing criminal charges. Many legal professionals can point to figures and statistics which demonstrate where attempts at self-representation have failed and led to unnecessary convictions. However, the right to pro se representation is guaranteed by the U.S. Constitution. So, if the defendant chooses to represent themselves, the court must honor that decision.
Defense counsel will have to prepare defense witnesses so they respond politely and directly to tedious, often incomprehensible questions from the pro se plaintiff. If a defense witness loses his or her temper, or appears to be condescending to the pro se plaintiff, the jury will certainly find against any testimony given by the defense witness, even if the jury does not necessarily agree with the plaintiff’s view of the case.
Many pro se resources come from these sources: local courts, which may offer limited self-help assistance;[62] public interest groups, such as the American Bar Association, which sponsors reform and promotes resources for self-help[citation needed], and commercial services, which sell pre-made forms allowing self-represented parties to have formally correct documents. For example, the Self-Represented Litigation Network (SRLN) is an organization whose web site, srln.org, is dedicated to issues related to self-represented litigation and offers a curated resource library for legal professionals (courts, lawyers, and allies) engaged in pro se litigation. The organization provides no assistance with particular complaints.[63] "Self-help" legal service providers must take care not to cross the line into giving advice, in order to avoid "unauthorized practice of law", which in the U.S. is the unlawful act of a non-lawyer practicing law.[64]
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