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.
136. See Civil Cases Filed, Terminated, and Pending from SY 1988 to Present (Federal Judicial Center, 2017), archived at http://perma.cc/Y4CY-MVG5. Note that the data is not available for download from the Perma link. For the most recent data, see Civil Cases Filed, Terminated, and Pending from SY 1988 to Present (Federal Judicial Center, 2018), available at http://www.fjc.gov/research/idb/civil-cases-filed-terminated-and-pending-
Some federal courts of appeals allow unrepresented litigants to argue orally (even so nonargument disposition is still possible), and in all courts the percentage of cases in which argument occurs is higher for counseled cases. In 2013, the U.S. Supreme Court adopted a rule that all persons arguing orally must be attorneys, although the Supreme Court claims it was simply codifying a "long-standing practice of the court." The last non-attorney to argue orally before the Supreme Court was Sam Sloan in 1978.
Pro se legal representation (/ˌproʊ ˈsiː/ or /ˌproʊ ˈseɪ/) comes from Latin, translating to "for oneself" and literally meaning "on behalf of themselves", which basically means advocating on one's own behalf before a court or other tribunal, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). In England and Wales the comparable status is that of "litigant in person".
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 September 2017, Judge Richard Posner abruptly resigned from the Seventh Circuit. In subsequent interviews, Posner explained that he resigned in part because of his disagreement with his judicial colleagues over the Seventh Circuit’s treatment of pro se litigants (those litigants who appear before courts without lawyers).1 In particular, Posner thought the court wasn’t “treating the pro se appellants fairly,” didn’t “like the pro se’s,” and generally didn’t “want to do anything with them.”2
If you represent yourself in an administrative hearing you should be as respectful to the ALJ as you would be to a judge, even though the former wears a suit and the latter a robe. Moreover, whether you address your arguments to a judge or an ALJ, you have the same need to present a clear and persuasive case. Make sure you understand the basis of an agency’s action, or what evidence you need to produce to uphold your claim. Also, any witnesses you rely on should attend the hearing, and you should be ready to support your claim with documents and records.
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. 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".
Although case outcomes do not encompass all relevant information in assessing the impact or value of pro se reforms, they are nonetheless an important metric to consider. Lawyers are supposed to help their clients win cases. Accordingly, the viability of pro se reform as a substitute for better access to counsel should hinge in large part on its effectiveness at helping pro se litigants win those cases. Moreover, case outcomes are the typical metric that commentators consider when measuring the value of access to counsel to pro se litigants.101 Hence, when evaluating the tradeoffs of expanding pro se reform against expanding access to counsel, case outcomes are one of the most natural and salient measures.
In Faretta v. California, the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings. That said, the right to represent oneself is not absolute. It is the Court's right and duty to determine if a particular individual is capable of representing himself, and can inquire into the individual's lucidity and mental status to make that determination.