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.”
7. At least some commentators have expressed concern that allocating more legal resources to pro se civil litigants might take away from resources needed for indigent criminal defense. See Barton and Bibas, 160 U Pa L Rev at 980–81 (cited in note 5). It is important, however, to recognize that legal resources also may trade off with nonlegal resources, and an analysis accounting for these trade-offs may make the economics of expanded legal resources for pro se litigants look more attractive. Additional money spent on lawyers or pro se assistance might be more economical than it first appears if, for example, additional state spending in an eviction or wrongful termination proceeding saves the government from paying for homeless shelters or welfare assistance at a later date.
Courts are public institutions belonging to the people, and you have the right to represent yourself there. However, courts are also bureaucratic institutions with very heavy caseloads. Historically, filing clerks, courtroom clerks, court reporters, and even judges have usually preferred to deal with lawyers rather than with people who represent themselves. (When you represent yourself, you may find yourself referred to as a “pro per” or “pro se” litigant, Latin abbreviations favored by judges and lawyers.) Although the increasing number of people representing themselves is beginning to change these attitudes in some places, many court personnel believe (often mistakenly) that they can do their work more quickly and easily when they work with lawyers than when they work with people who are representing themselves.
This constraint exists because lawsuit funding companies need a mechanism to be repaid when the case settles. As a trustee, the attorney after paying him or herself, is "trusted" to honor the existing liens on the case. In general a lawsuit funding company will not be comfortable relying on a plaintiff to repay without an attorney having the responsibility to distribute case proceeds.
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.
This book can guide you through nearly every kind of trial in every court system (state or federal) because the litigation process is remarkably uniform throughout all of them. In part, this is because federal courts and most state courts share a “common law” heritage—a way of trying cases that came over from England and developed along with the country. And, in part, it is because many local procedures are consistent with national legal codes (sets of rules and regulations).
It's an uphill climb! Particularly, when your adversary has a thorough understanding of the rules of evidence, and procedure. You may get some latitude from the court as a pro se, but you may not, as it is up to the judge. Either way, the better question is why don't you have a lawyer on your side? Is it because some lawyers have not seen enough strength in the facts and law in your case? If that's the case, then you have an even steeper climb as you have a difficult case to prove, let alone that it's against a seasoned "high profile" lawyer. If you haven't consulted with an attorney, please do so before you do anything further as a pro se, and perhaps jeopardize your claim irreparably.
Conference: are required to explore the possibility of settlement prior to trial. At any time after an action or proceeding is at issue, any party may file a request for, or the assigned judge on his own initiative may order a settlement conference. A conference is then held before an assigned judge who facilitates the parties to come to settlement. All information provided to the settlement judge is confidential.
3. Many commentators share the same concerns about indigent criminal defendants. However, because criminal defendants are guaranteed access to counsel, they face a somewhat different set of challenges than pro se civil litigants and are not the focus of the analysis of this Comment. For one critical discussion of the treatment of indigent criminal defendants, see generally Stephen B. Bright, Legal Representation for the Poor: Can Society Afford This Much Injustice?, 75 Mo L Rev 683 (2010). But see J. Harvie Wilkinson III, In Defense of American Criminal Justice, 67 Vand L Rev 1099, 1127–29 (2014) (arguing that representation of criminal indigent defendants is generally of high quality).
Good prep for litigation is hard work, like reading cases and statutes and writing concise, precise and persuasive motions and pleadings. Even then, the “tactics in the courtroom” you mention can still go on. So, mentality can be just as important as hard tangible work. Understand that lawyers want to win too, and they’ll do whatever they think it takes to do so. Cutting the ethical edge is just a day at work for some of them. Your job is to not get up in your feelings about any of that stuff. I know that’s difficult to do, and I struggle with it all the time, but it does not help you win. Do the work, understand your arguments and stay on point.
Knowing ahead of time that you may encounter a hostile attitude is the best weapon against it. Read and study this book and other legal resources, many of which are available free online or in your local library. Learn how to prepare and present a persuasive case and follow the proper procedures for the Clerk’s Office and the courtroom. If you believe that court personnel at any level are being rude to you, be courteous and professional in return, even as you insist upon fair treatment. By knowing and following court rules and courtroom techniques, you can often earn the respect of the judge and the others who work in the courtroom. As a result, you may well find that they will go out of their way to help you.
Pitting pro se litigants against lawyers as if lawyers are enemies does far more disservice to your clients. I looked at your website, and I see that you toe a fine line between practicing without a license and simply giving pro se litigants enough rope to hang themselves. I understand that it’s a gimmick to make money for yourselves, but the nobler thing to do would be to direct these people to pro bono services instead of guiding them to shooting themselves in the foot by acting like the opposing party’s lawyer is out to get them and that what they don’t understand about the practice of law is somehow a trick or deception.
The Supreme Court noted that "[i]n the federal courts, the right of self-representation has been protected by statute since the beginnings of our Nation. Section 35 of the Judiciary Act of 1789, 1 Stat. 73, 92, enacted by the First Congress and signed by President Washington one day before the Sixth Amendment was proposed, provided that 'in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of counsel.'"