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.

Most family divisions of the Vermont Superior Court offer a one-hour program each month. Other divisions offer them quarterly. A lawyer who practices in the family division conducts the program. The lawyer cannot talk to you about the specifics of your case. Instead, you will receive general information about the law and the process. See the schedule below for the county in which you filed your action.
analysis.124 The analysis below attempts only to assess the impact of the creation of the pro se office over its first five years of existence. Specific information about subsequent reforms implemented by the office is not readily available and hence not ripe for analysis. However, any such reforms may have had a different impact on case outcomes for pro se litigants and, accordingly, may indicate more promising future directions for pro se reform.
The State Bar of Georgia provided the number of lawyers by county in 2016. By combining this data with information from the Self Represented Litigation Network, available census data from the 2014 American Community Survey, 2015 statistics from the Federal Communications Commission, data from the Center for Neighborhood Technology, and 2016 information from the Georgia Legal Services Program (GLSP) and the Atlanta Legal Aid Society (ALAS), the map provides insight into attorney representation and other factors that impact access to justice throughout the state.
The Supreme Court has held that where a statute permits attorney's fees to be awarded to the prevailing party, the attorney who prevails in a case brought under a federal statute as a pro se litigant is not entitled to an award of attorney's fees.[51] This ruling was based on the court's determination that such statutes contemplate an attorney-client relationship between the party and the attorney prosecuting or defending the case, and that Congress intends to encourage litigants to seek the advice of a competent and detached third party. As the court noted, the various circuits had previously agreed in various rulings "that a pro se litigant who is not a lawyer is not entitled to attorney's fees".[52]

Remember this phrase: Litigation Privilege. The phrase has a formal meaning, but in layman’s language it means that lawyers can do just about anything, especially to a self-represented litigant, to protect their clients. They can lie, steal, cheat–and kill if they could get away with it–to win. Lawyers don’t always need tricks to defeat pro se litigants, but they try them anyway. They can scare defendants into paying more than they owe or settling for far less than they deserve. They’ll use a request for admissions to make pro se litigants “admit” to undeserved liability by not answering. Some will even attempt to keep away your court reporter by lying to you or to your court reporting agency. So keep your eyes open when you’ve cornered a lawyer. Chances are, there’s a trick coming, and when it does, don’t let your emotions get the best of you. Stay focused on your case. Reacting in anger by moving for sanctions, writing letters to the judge, reporting lawyer behavior in a hearing, or moving to disqualify a lawyer makes thinking and strategizing difficult. That’s not to say certain issues shouldn’t be addressed. If you must take an issue head-on, like moving for sanctions, do it strategically so you’ll get the most out of it. Otherwise, only address lawyer antics and judicial bias when it hurts your case, not when it hurts your feelings.
"A few poor people are lucky enough to get legal services, but it's very few," said Paul Garlinghouse, a New Haven family lawyer who has worked in a clinic to teach people to represent themselves. "But then you have this huge mass of low-income and moderate-income people who just have to go it alone. You see them every day. They just stand up there, and it's painful to watch."
Every agency tends to make its own rules and follow its own unique set of procedures. Many agencies describe their procedures on a website. In addition, an agency will furnish you with its rules as soon as you indicate that you want to file a claim. Be sure to contact the agency, ask for a copy of its rules before initiating a hearing, and follow them. The federal government and every state have an Administrative Procedure Act that provides basic protections in administrative hearings. You should read the applicable law and make sure the agency follows it. You can get information about these laws from a convenient database maintained by Florida State University at www.law.fsu.edu/library/admin.
A separate judicial branch study of pending divorce cases in 2001 found that 26 percent of the parties were pro se. While many of those cases are straightforward and mostly involve paperwork, others are more complicated. In those cases, people with no training who try to represent themselves must learn the rules of evidence and court decorum on the fly. It doesn't always go well.
Though dramatic, these numbers do not necessarily imply that lack of access to counsel worsens case outcomes for pro se litigants. There are a number of plausible explanations for low win rates by pro se litigants even if pro se litigants are not disadvantaged in court. For instance, and likely most significantly, because lawyers frequently work on a contingency fee basis, a lawyer is more likely to agree to work on behalf of a plaintiff with a strong case than a plaintiff with a weak case.84 The stronger the plaintiff’s case, the higher the expected damages and expected payout for the lawyer. Hence, it is less likely that strong cases proceed pro se.

Now in its second year, the SDNY Legal Clinic for Pro Se Litigants has successfully assisted hundreds of litigants in a range of cases including employment discrimination, civil rights, intellectual property and more. In many instances, cases that do not belong in the SDNY are diverted to another more appropriate venue, such as Family Court or Housing Court – saving litigants time and anxiety and sparing the court’s limited resources.


What to do? Here are 10 suggestions for reforming the way courts deal with self represented individuals. A few are already being implemented (usually hesitantly and on a small scale) here and there by isolated courts. And there has been one truly magnificent effort, by the Family Law Division of the Superior Court for Maricopa County, Arizona to throw open court procedures to non-lawyers. For the most part, the suggestions set out here require not money but changes in attitude, rules and procedures.
If you go by calls and emails Jurisdictionary receives, there's good reason for this! Lawyers who bail at the last minute. Lawyers who don't know what they're doing. And, worst of all, lawyers wishing to curry favor with judges, afraid to stand up to the buffalo in the black robe and demand their clients' rights by making timely objections and threatening appeal.

Before I answer the essence of your question, the Oregon Rules of Civil Procedure states and requires that “The request for admissions shall be preceded by the following statement printed in capital letters in a font size at least as large as that in which the request is printed: “FAILURE TO SERVE A WRITTEN ANSWER OR OBJECTION WITHIN THE TIME ALLOWED BY ORCP 45 B WILL RESULT IN ADMISSION OF THE FOLLOWING REQUESTS.” I will presume that you complied with that requirement when you submitted your requests for admissions as the rule states that it “shall” be done in this manner. Sometimes things can sound nit picky but if a party fails to do something that it is required to do and fails to do so, it gives the opposing side ammunition to attack the relief you are requesting that you feel you are entitled to. You are correct, since the opposing side failed to answer your request(s), you now need to file a “Motion to Determine Sufficiency”. You should advise the court in your motion that the opposing party has failed to answer your requests and ask the court to order that each of the matters are admitted. A motion to determine sufficiency is generally geared toward answers that were submitted but possibly not sufficient and parties then move the court to order the party to provide a “sufficient” answer, but since the opposing party failed to provide any answers in your case, you should advise the court of this fact in your motion and that you would like the court to issue an order deeming the matters as admitted. I presume when you say that the opposing party “failed to answer” you mean that the party didn’t answer at all. There is a difference between “failing to answer” and submitting an insufficient answer. Be clear to the court which one it is, if the party failed to answer, so state it, but if the party provided answers that were insufficient, you need to address it in that manner and ask the court to order the opposing party to provide sufficient answers. Be sure to include a copy of the requests for admissions that you served as an exhibit to your motion for the court’s ready reference. Also, under Oregon’s Rule 46A(4) you may apply for an award of expenses incurred in relation to the motion.
This book is designed both to increase your overall understanding of the litigation process and to provide detailed advice about each stage of trial. Unless you are ­already in the midst of trial and need to refer to a particular chapter immediately, begin preparing to represent yourself by read­ing through the book as a whole. As you become familiar with the litigation process, you will understand the significance of procedures and techniques that may initially seem peculiar or unnecessary.
Christa Adkins, the owner of Pro Se One Stop Legal Document Services, LLC, offers highly personalized services to her customers because she has stood in their shoes and knows the fears and frustrations of navigating the legal system alone. Christa is not an attorney, but dedicates her heart and soul to helping other pro se litigants navigate the legal system and fill out their legal documents and forms. Christa has been highly successful in her own pro se endeavors. In 2016, she took her first appeal to the Third District Court of Appeal and successfully had the trial court reversed. Additionally, in 2016 she filed a successful pro se motion for disqualification of the trial judge and the trial judge was removed from her case. In 2017 Christa successfully submitted a pro se Petition for Writ of Certiorari to the Third District Court of Appeal. Her petition was granted.
There is every reason to believe that the number of pro se litigants involved in litigation in federal and state courts will continue to rise in the coming years, especially given the courts’ focus on increasing access to pro se parties. Along with this increase, the challenges facing the judicial system and trial counsel involving unrepresented parties will continue to rise, requiring increasingly careful consideration. However, armed with the best practices, trial counsel can help alleviate some of the challenges both sides of the aisle face.

Many lawyers routinely ask clients to pay a “retainer”—a deposit or advance fee—that is kept in a trust account and used as services are provided. Your legal coach may ask for a retainer in order to see that you are serious and have the money to pay. However, you shouldn’t be expected to come up with a large amount of money, because you do not plan on running up high legal bills. A fee of more than $500 is excessive, especially before you know whether the legal coach relationship is really working out.
Remember this phrase: Litigation Privilege. The phrase has a formal meaning, but in layman’s language it means that lawyers can do just about anything, especially to a self-represented litigant, to protect their clients. They can lie, steal, cheat–and kill if they could get away with it–to win. Lawyers don’t always need tricks to defeat pro se litigants, but they try them anyway. They can scare defendants into paying more than they owe or settling for far less than they deserve. They’ll use a request for admissions to make pro se litigants “admit” to undeserved liability by not answering. Some will even attempt to keep away your court reporter by lying to you or to your court reporting agency. So keep your eyes open when you’ve cornered a lawyer. Chances are, there’s a trick coming, and when it does, don’t let your emotions get the best of you. Stay focused on your case. Reacting in anger by moving for sanctions, writing letters to the judge, reporting lawyer behavior in a hearing, or moving to disqualify a lawyer makes thinking and strategizing difficult. That’s not to say certain issues shouldn’t be addressed. If you must take an issue head-on, like moving for sanctions, do it strategically so you’ll get the most out of it. Otherwise, only address lawyer antics and judicial bias when it hurts your case, not when it hurts your feelings.
Make sure you follow those instructions! At that point, you will be given so many days to serve the defendant with the court summons. In some districts, the plaintiff has the choice of either delivering the summons himself, a friend deliver it, or having a federal Marshal deliver it. It is most effective to have either a federal Marshal deliver the summons, or a really big guy in a suit. Whoever delivers the summons must make a note of who the summons is delivered to, what the date is, and what time it was delivered. Record this information on the appropriate form that is sent to you with the summons, and take it back to the district court.
Although EDNY created this office partially in response to the growth of pro se litigation in that district, its caseload appears broadly representative of pro se litigation more generally as of 1999, shortly before the creation of the magistrate judge’s office.121 The concerns that led to EDNY’s decision to appoint this special magistrate judge—the difficulty of fairly and efficiently managing the large pro se docket and the need for specialized resources to do so—seem to echo the same primary concerns that other courts and commentators have expressed about the pro se litigation process.122
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

The EDNY pro se office has two primary functions.119 First, the magistrate judge’s pro se office—comprised of staff attorneys and administrative office employees—proposes initial orders to the assigned judge, including to dismiss or to direct the litigant to amend the complaint, and responds to inquiries from the judge’s offices about the cases. As part of these initial duties, the office gives procedural advice to individuals about filing and litigating their claims by answering questions and making forms and instructions available. Second, the magistrate judge automatically oversees all pro se cases that survive screening, handles pretrial matters, and presides at trial with the parties’ consent.120 These reforms do not exactly mimic those discussed in the FJC Survey and evaluated in the empirical analysis above. However, they do include a number of efforts similar to those evaluated in
Before I answer the essence of your question, the Oregon Rules of Civil Procedure states and requires that “The request for admissions shall be preceded by the following statement printed in capital letters in a font size at least as large as that in which the request is printed: “FAILURE TO SERVE A WRITTEN ANSWER OR OBJECTION WITHIN THE TIME ALLOWED BY ORCP 45 B WILL RESULT IN ADMISSION OF THE FOLLOWING REQUESTS.” I will presume that you complied with that requirement when you submitted your requests for admissions as the rule states that it “shall” be done in this manner. Sometimes things can sound nit picky but if a party fails to do something that it is required to do and fails to do so, it gives the opposing side ammunition to attack the relief you are requesting that you feel you are entitled to. You are correct, since the opposing side failed to answer your request(s), you now need to file a “Motion to Determine Sufficiency”. You should advise the court in your motion that the opposing party has failed to answer your requests and ask the court to order that each of the matters are admitted. A motion to determine sufficiency is generally geared toward answers that were submitted but possibly not sufficient and parties then move the court to order the party to provide a “sufficient” answer, but since the opposing party failed to provide any answers in your case, you should advise the court of this fact in your motion and that you would like the court to issue an order deeming the matters as admitted. I presume when you say that the opposing party “failed to answer” you mean that the party didn’t answer at all. There is a difference between “failing to answer” and submitting an insufficient answer. Be clear to the court which one it is, if the party failed to answer, so state it, but if the party provided answers that were insufficient, you need to address it in that manner and ask the court to order the opposing party to provide sufficient answers. Be sure to include a copy of the requests for admissions that you served as an exhibit to your motion for the court’s ready reference. Also, under Oregon’s Rule 46A(4) you may apply for an award of expenses incurred in relation to the motion.

The Center helps judges and courts advance access to civil justice, especially for poor and low-income individuals, by offering resources on 15 strategies and technical assistance. It works closely with the Conference of Chief Justices, the Conference of State Court Administrators and other national court organizations to implement access-to-justice solutions.
In order to evaluate the impact of EDNY’s pro se reforms, this Comment runs a logistic regression using whether the plaintiff won the case as the independent variable. The dataset for this regression is all cases decided in the four New York district courts between 1998 and 2007 that involved pro se plaintiffs and represented defendants. This dataset includes 578 cases from the Northern District of New York (NDNY), 2,658 cases from EDNY, 3,843 cases from SDNY, and 668 cases from the Western District of New York (WDNY). The key variable of interest is a binary variable that is coded “1” if the case is in EDNY and filed after the implementation of the pro se reforms and “0” otherwise.125 There were 1,408 cases in this dataset from after EDNY implemented the reforms.
Try to answer questions on your own. Remember that you are hiring a legal coach, not a full-service lawyer. That means you need to do as much as you can by yourself and only turn to the coach when you are really stuck. By reading this book all the way through and consulting a nearby law library, you can answer many of your questions on your own. And those you cannot answer completely you can often narrow down.
Defendants who choose to appear pro se may do so because they believe they may gain tactical advantages against the prosecutor, such as obtaining sympathy from the jury, the opportunity to personally address the jury and witnesses. Pro se appearances may also delay the trial proceedings and enhance the possibility of a mistrial and a subsequent appeal.[49]
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