If the parties have not requested a trial by jury, Local Rule 38.1, the judge becomes the trier of law (the judge) and the trier of fact (the jury). The judge then enters a Findings of Fact and Conclusions of Law, sometimes prepared by the prevailing party, based on the evidence and arguments presented and then a judgment is entered based on those findings of fact and conclusions of law.
I am a member iPod this website and a Pro Se litigant. I do not feel pitted against opposing counsel at all. I have four attorneys representing defendants in my suit. I can clearly see those ethically defending their clients to the best of their ability and I also see two of them reverting to sneaky tricks, underestimating me as a Pro Se litigant and not following the law. The articles on this site that you seem to think are misguiding people are very helpful in understanding the behavior of those, less ethical, of your colleagues than you may be! This is a resource for people with sixth amendment rights. If you would like to represent me, pro bono, in my multi million dollar defamation suit, please contact me!

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.

Any waiver of the right to counsel must be knowing, voluntary, and intelligent.  The Faretta court stated that "a defendant need not have the skill and experience of a lawyer, but should be made aware of the dangers and disadvantages of self-representation, so that the record will establish that he knows what he is doing and "the choice is made with eyes open."  See Faretta.  In 2004, the Court acknowledged that it has not prescribed any formula regarding the information a defendant must possess in order to make an intelligent choice.  See Iowa v. Tovar, 541 U.S. 77 (2004).  According to the Court, determining whether a waiver of counsel is intelligent depends on "a range of case-specific factors, including the defendant's education or sophistication, the complex or easily grasped nature of the charge, and the stage of the proceeding."  See Tovar.
Taking part in a recent ribbon cutting in Brooklyn are, from left, Lynn Kelly, executive director of the City Bar Justice Center; Debra L. Raskin, New York City Bar Association president; Chief Judge Carol B. Amon, Eastern District of New York; Magistrate Judge Lois Bloom; and Nancy Rosenbloom, director of the Federal Pro Se Legal Assistance Project. 

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.
Melville’s last novel was met mostly with ignorance. Perhaps it was Melville’s form and style, summed by his own words, “There are some enterprises in which a careful disorderliness is the true method.” Though more true of Moby Dick than The Confidence Man, I suspect readers still didn’t quite know what to make of a novel that, despite being orderly by comparison, was nearly three-quarters dialog; without a discerna ...more
Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, whose address shall be stated. A party who is not represented by an attorney shall sign the party's pleading, motion, or other paper and state the party's address. . . . The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.
Don't let the Pro Se form scare you. It's easy! All you have to do is just put it in the computer and fill in the bold parts that are in parentheses. If you do not have a computer, then use the "blank" pro se. We have an example copy included for your convenience. Keep the example copy with you at your side as a guideline. Once you have the disk copy in your computer and the example copy in front of you, just follow these suggestions and you're on your way:

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.


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.
This is truly one of the worst books I have ever read. If he were alive, either Melville or I would be the target of a well-placed bullet. Irretrievably romantic, psychological, depressing and completely impractical, this work is beyond believability. So much is described in a tortuous introspection which, in reality, NO ONE ever contemplates before acting. A mysticism accompanies every motivation. He manufactures conflicts that, in a normal world, would never exist. An ...more
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…

Why are the courts so unfriendly to the self-represented? They weren't always that way; in the first 100 years of our history, the courts dealt equally with all comers. But in the late 19th and early 20th century, the courts came to serve the needs and interests of the legal profession, which took control of them and built a monopoly over who can appear before them as advocates.
One judge said, “I tell them they have the same right to represent themselves in court as I have to the handling of my personal plumbing problems, i.e., I don’t . . . they shouldn’t.” Another judge cautioned pro se litigants that “doing your own legal work is like doing your own mechanic work. Most of us could do it if we had the time and the patience. But you need to recognize that if it still doesn’t run, you have to look at who did the work.” Id.
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.
There are also freely accessible web search engines to assist pro se in finding court decisions that can be cited as an example or analogy to resolve similar questions of law.[73] Google Scholar is the biggest database of full text state and federal courts decisions that can be accessed without charge.[74] These web search engines often allow pro se to select specific state courts to search.[73]

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.
Why are the courts so unfriendly to the self-represented? They weren't always that way; in the first 100 years of our history, the courts dealt equally with all comers. But in the late 19th and early 20th century, the courts came to serve the needs and interests of the legal profession, which took control of them and built a monopoly over who can appear before them as advocates.
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.
A resource of moderate value are the online law forums. There are well-meaning participants who clarified legal concepts for me. However, I say those forums are of moderate value because: - some individuals embrace a role of sarcastic jurors (example: when somebody asks "can I sue for XYZ?", those guys like to answer "sure, you can sue, but you would lose", and it just gets worse); - many replies don't go beyond "ask an attorney"; and - those forums are usually managed by attorney$, so they di$like when a non-attorney provides effective advice that disproves the "need" for lawyers; that's actually what got me banned from two such forums.

When cases go to trial before a judge, there is no reason to insist on formal procedures or evidence rules. The judge should facilitate each side's presentation as is done in small claims court, rather than sit back and make the parties present their cases under arcane rules that take years to master. This approach would not violate due process, because judges would base their decisions on competent and relevant evidence.
76. It is important to note that, although this Comment is limited to analyzing suits filed in federal district courts, a large volume of pro se litigation occurs in state courts. Some specialized courts, such as those focused on domestic relations, have high portions of their dockets devoted to pro se cases. However, many nonspecialized state courts also have a significant volume of pro se cases. Further, many pro se litigants in federal district courts appeal their cases, resulting in substantial pro se litigation in federal appellate courts. For more discussion of pro se litigation throughout the US legal system, see generally, Stephan Landsman, The Growing Challenge of Pro Se Litigation, 13 Lewis & Clark L Rev 439 (2009). For one example of pro se reform undertaken by specific state courts and the effects of those reforms on litigation, see Eovaldi and Meyers, 72 Nw U L Rev at 975–78 (cited in note 4).
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.
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.
If the case is not dismissed via summary judgment, defense counsel should always request a pretrial conference with the court. That way the pro se plaintiff can hear from the judge, before everyone is in the courtroom, what evidence may or may not be addressed during the trial, and what the expectations will be of the pro se plaintiff’s behavior during the trial.

Pro Se is a newsletter published bi-monthly by Prisoners’ Legal Services of New York for incarcerated individuals in New York State prisons. Pro Se provides information and analysis on recent developments in the law. Pro Se advises people in prison of changes in the law, provides practice pieces to assist them in complying with statutory and regulatory requirements, and explains technical aspects of various laws affecting prisoners. Pro Se is sent free of charge to individuals incarcerated in New York State who request to be placed on our mailing list.
The Local Rules of the District of Idaho cover all phases of trial preparation from the pretrial conference to the satisfaction of judgment. The following information is not meant to be all inclusive and you should always consult the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the District of Idaho to find out what the court requires of all parties when filing suit and participating in trial. Local Rule 16.1 sets out those pretrial requirements that all parties should be aware of. At the time of filing the initial complaint, parties must request a jury trial or court trial.
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.
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.
Sara J. Berman is the Director of Academic and Bar Success Programs at the nonprofit AccessLex Institute Center for Legal Education Excellence, an organization committed to understanding the barriers that impede access to law school for historically underrepresented groups and improving access to law school for all; identifying actionable strategies and public policies to increase law school affordability; and strengthening the value of legal education. Berman is the author of several bar exam and legal education books and articles, including Pass the Bar Exam: A Practical Guide to Achieving Academic & Professional Goals and Bar Exam MPT Preparation & Experiential Learning for Law Students: Interactive Performance Test Training. Before joining AccessLex, Berman worked for more than two decades in various law schools.  She has more than 15 years of experience in distance learning in legal education, and co-authored Represent Yourself in Court: How to Prepare and Try a Winning Case and The Criminal Law Handbook: Know Your Rights, Survive the System, plain English primers on the civil and criminal justice systems. More on Berman’s publications at https://ssrn.com/author=2846291 and on AccessLex publications at https://www.ssrn.com/link/AccessLex-Institute-RES.html
48. Andrew Scherer, Why People Who Face Losing Their Homes in Legal Proceedings Must Have a Right to Counsel, 3 Cardozo Pub L Pol & Ethics J 699, 701–03 (2006). See also, for example, Ramji-Nogales, Schoenholtz, and Schrag, 60 Stan L Rev at 384 (cited in note 47). The arguments in these articles focus on civil litigation regarding housing or immigration, but the arguments hold more generally when a party’s ability to vindicate important interests is at stake.
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.

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 […]


This book explains rules and techniques for preparing and trying a civil case, including how to handle a case in family court or bank­ruptcy court. It does not cover criminal cases. See “Civil and Criminal Cases,” below. You will learn how to figure out what evidence you need to present a legally solid case, whether you are a plaintiff or a defendant. Among other things, you will learn:
Consolidate questions. Hourly charges are usually divided into parts of an hour, so you may be charged for more time than you actually spend. For example, if your legal coach bills in 15-minute intervals and you only talk for five minutes, you may still be charged for the whole 15. If that is your coach’s practice, it pays to gather your questions and ask them all at once, rather than calling every time you have a question.
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.

Pro Se is a newsletter published bi-monthly by Prisoners’ Legal Services of New York for incarcerated individuals in New York State prisons. Pro Se provides information and analysis on recent developments in the law. Pro Se advises people in prison of changes in the law, provides practice pieces to assist them in complying with statutory and regulatory requirements, and explains technical aspects of various laws affecting prisoners. Pro Se is sent free of charge to individuals incarcerated in New York State who request to be placed on our mailing list.


Our mission is to arm our customers with their own legal knowledge and instill a sense of confidence and security in navigating the pro se legal journey. Involvement in a lawsuit, whether brought by you or against, can be a very intimidating, emotional and overwhelming endeavor. Pro Se One Stop Legal Document Services, LLC offers personalized, one-on-one services to allay your fears and arm you with the knowledge to handle your own legal matters with utmost confidence. You will work very closely and personally with your legal document specialist to achieve your goals.

But that shouldn't make a difference, as all cases are to be judged on their merits, not by the persons who bring them. By law, every federal judge must take an oath affirming to "administer justice without respect to person, and do equal right to the poor and to the rich," and to "faithfully and impartially discharge and perform all the duties incumbent upon me as judge under the Constitution and laws of the United States."
For people dealing with a personal injury claim, a landlord-tenant dispute, a small business scrape or any of the dozens of other possible legal muddles, this book points the way through the complex court system. The book also ncludes a chapter dealing with the specifics of handling a divorce, child custody or child support action.Written in plain English, Represent Yourself in Court breaks down the trial process into easy-to-understand steps so that you can act as your own lawyer -- safely and efficiently. Veteran attorneys Bergman and Berman-Barrett tell you what to say, how to say it, even where to stand when you address the judge and jury.Armed with the simple but thorough instructions in Represent Yourself in Court, you can be heard and taken seriously in any courtroom. Readers learn how to: „X file court papers „X handle depositions and interrogatories „X comply with courtroom procedures „X pick a jury „X prepare your evidence and line up witnesses „X present your opening statement and closing argument „X cross-examine hostile witnesses „X understand and apply rules of evidence „X locate, hire and effectively use expert witnesses „X make and respond to your opponent's objections „X get limited help from an attorney on an as-needed basis „X monitor the work of an attorney if you decide to hire one Whether you are a plaintiff or a defendant, this book will help you confidently handle a divorce, personal injury case, landlord/tenant dispute, breach of contract, small business dispute or any other civil lawsuit.
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.
68. Table 1A records the responses of clerks’ offices to the question “What are the most effective measures your district has implemented to date to help the clerk’s office, prisoner pro se litigants, and nonprisoner pro se litigants?” under the sections “Measures that help nonprisoner pro se litigants.” Importantly, this is separated from “Measures that help the clerk’s office” and “Measures that help prisoner pro se litigants.” The responses to those latter questions differ meaningfully from the responses concerning measures effective at helping nonprisoner pro se litigants. The chief judges were similarly asked to separate measures that helped nonprisoner pro se litigants from measures that helped the court or prisoner pro se litigants. See Stienstra, Bataillon, and Cantone, Assistance to Pro Se Litigants in U.S. District Courts at *15, 17, 35, 54, 61 (cited in note 11).
102. The types of cases that typically result in final judgment, and are evaluated here, are cases that are disposed of following judgment on default, consent, motion before trial, jury verdict, directed verdict, court trial, arbitral award, or other resolution. Cases disposed of via transfer or remand or dismissed due to settlement, voluntary dismissal, lack of jurisdiction, or want of prosecution are discarded in this analysis.
^ Kay v. Ehrler, 499 U.S. 432, 435 (1991), citing Gonzalez v. Kangas, 814 F. 2d 1411 (9th Cir. 1987); Smith v. DeBartoli, 769 F. 2d 451, 453 (7th Cir. 1985), cert. denied, 475 U.S. 1067 (1986); Turman v. Tuttle, 711 F. 2d 148 (10th Cir. 1983) (per curiam); Owens-El v. Robinson, 694 F. 2d 941 (3d Cir. 1982); Wright v. Crowell, 674 F. 2d 521 (6th Cir. 1982) (per curiam); Cofield v. Atlanta, 648 F. 2d 986, 987-988 (5th Cir. 1981); Lovell v. Snow, 637 F. 2d 170 (1st Cir. 1981); Davis v. Parratt, 608 F. 2d 717 (8th Cir. 1979) (per curiam).
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