133. For example, this Comment does not consider how many resources would be required to enact civil Gideon nor whether they could be better used elsewhere. It also does not consider whether civil Gideon itself would be effective at improving civil pro se outcomes. While the experimental literature discussed earlier suggests that access to counsel improves case outcomes for pro se litigants, it is unclear whether a similar quality of counsel would be provided in a civil Gideon world. Indeed, the success of Gideon in the criminal context is a hotly debated subject, with many scholars considering it a disappointment. For an example of a scholar who considers Gideon a disappointment, see generally Erwin Chemerinsky, Lessons from Gideon, 122 Yale L J 2676 (2013).
When you interview a potential legal coach, ask about all fees and costs—including the initial interview. It obviously defeats your purpose if you have to spend more to consult a legal coach than you would to hire a lawyer to handle your entire case. Typically, lawyers use hourly, fixed, or contingency fee arrangements. Most likely, someone serving as your legal coach will charge you by the hour.
81. Some reasons that these reforms may impact prisoners differently from nonprisoners include: differences in the types of cases brought, potentially different access to legal resources (depending on the availability of legal materials in prison), different judicial attitudes toward prisoner and nonprisoner pro se litigants, or different levels of access to counsel. Note that this Comment does not definitively suggest these reforms impact nonprisoner and prisoner pro se litigants differently. Instead, it merely suggests there may be differences and limits the scope of this analysis to nonprisoner pro se litigants.
Commentators writing about pro se litigation over the past twenty years have typically described pro se litigation as a large and growing portion of the federal docket.79 However, when the scope of the inquiry is limited to nonprisoner pro se litigation, this trend does not show up in the AO data. There has been a meaningful upward trend in the total number of pro se cases. But the percent of cases brought by pro se plaintiffs has not changed significantly, as seen in Table 2A, suggesting pro se litigation comprises a relatively stable portion of the federal docket.
Section provides several tables that highlight the frequency of pro se litigants across different types of legal claims and show which specific case types most frequently feature pro se litigants. Despite the fact that roughly 10 percent of federal district court litigation involves a pro se plaintiff, some types of litigation very rarely involve pro se plaintiffs, while other types of cases are brought by pro se plaintiffs much more than 10 percent of the time. The story is similar for pro se defendants, though the variation is less dramatic because pro se defendants comprise only 2 percent of defendants in civil suits in federal district courts. Even in light of this variance, pro se litigants comprise a significant raw number of civil suits in all categories.
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.
Genius often makes itself known in short bursts, so don't let it go when it comes around. If you have a great idea for a new work process, a recipe to try, or even a way to drive more efficiently, write it down. This way, you'll remember the strokes of genius that fleetingly pass through, and you'll be able to look back on them and remind yourself of the little things when you're feeling down.
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.
63. As an example, pro se reforms could be counterproductive in a streamlined pro se office at a district court that consistently suggests dismissing pro se cases before a full hearing. For a more detailed discussion of entities that have called for civil Gideon rather than pro se trial court reform, and the contexts in which they have done so, see Greiner, Pattanayak, and Hennessy, 126 Harv L Rev at 906–07 (cited in note 47).
Table 3B—providing forms and handbooks as well as individual case assistance, for instance. Because this reform effort is different from those that Part III discusses, it’s hard to directly compare them. But both sets of reforms fit into a similar broad bucket: attempts by courts to improve the pro se litigation process by facilitating simpler and more convenient interactions between pro se litigants and the courts.
The best way for a lawyer to understand bias against the self-represented litigant is to become one, an experience I recently went through in a civil proceeding. Even before the judge examined my papers or knew what I was seeking (and whether I was on track to achieve it), he expressed deep skepticism that I could competently handle the case myself. After I stood my ground, the judge warned me that I would be held responsible for meticulously complying with every court rule. Lawyers can also learn a lot by coaching a self-represented person through a judicial procedure. Very quickly, most lawyer-coaches come to appreciate how badly the self-represented are treated by court clerks and judges.
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).
Their rights notwithstanding, pro se litigants create many obstacles for our judicial system as a whole. Indeed, pro se lawsuits are viewed by many as “a type of litigation that’s just riddled with problems on every level.” Lois Bloom, Statement at Pro Se Litigation Panel Discussion, National Workshop for District Judges I (Fed. Judicial Ctr. Mar. 22, 1995). As one commentator has stated,
Conversely, pro se litigants who make mistakes lose day in and day out, even with minor infractions. This is most often due to lack of knowledge, but judicial bias and lawyer tricks add another layer of peril. Lawyers know how to avoid default judgments, dismissals, and summary judgments. Pro se litigants rarely do. Lawyers skillfully “handle” pro se opposition. Most pro se litigants don’t handle lawyers or their own cases. In the end, most lose and they do so very quickly.
Fill-in-the-blank court forms for most states are available online. When you visit a state court website that has do-it-yourself forms, you may be asked a series of questions about your legal problem. Your answers will automatically generate the appropriate form with instructions on how to complete it and what to do with it once it’s done. To see the forms available on New York’s self-help website, visit www.nycourthelp.gov/diy/index.html.
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.
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.
Although a defendant might some knowledge of the law, knowledge alone is not enough to win a case. The defendant must be able to argue their position and persuade the parties that they are not guilty. Again, the average person will usually find it difficult to argue if they lack training in communication and argumentation skills. Language barriers can further complicate the situation.
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).
Unlike in the criminal context, there’s no federal constitutional right to counsel in civil cases. Civil cases can involve a range of critical issues, including housing, public benefits, child custody and domestic violence. And while some civil litigants may be entitled to counsel in certain jurisdictions, in most of these cases, people who cannot afford a lawyer will be forced to go it alone. Doing so may mean that they fail to make it through the process, have their case dismissed or lose what otherwise would have been a winning case.
Reaching out to people close to us, even if just for a quick chat, is a great way to remember our vast self-worth. While it's not right to seek validation through others, it is definitely helpful to spend time with those who make us feel loved. People like this include our closest friends, our family, and our significant others. Feeling that you deserve the companies of others is an essential step in developing love for yourself.
Unless you are in court regularly, you may not know how a case proceeds from initial filing through trial. Therefore, this book also provides you with background information about what you will see—and what you need to do—when you enter the courtroom where your case will be heard. You will learn where to file your court papers; how to subpoena witnesses (order witnesses to come to court and testify); the functions of a courthouse Clerk’s Office and a courtroom clerk; and the powers and duties of all the personnel who typically carry out courthouse business, including bailiffs, court reporters, interpreters, attorneys, jurors, and judges.
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.
Congress also has a role. In extreme cases it has the power to remove judges, of course. But short of that, it can at least underscore the seriousness of the rights it established for litigants in the Judiciary Act. Whether through binding or nonbinding language on the topic, Congress can make clear that complaints about violations of the rights of pro se litigants must be taken very seriously by judicial councils.
This response is not to be construed as legal advice and is provided for educational purposes only. This response does not create an attorney/ client relationship. The response provides general legal information and education. This response does not address any specifics concerning this inquiry, as the inquiry as written may have omitted details which would make the reply unsuitable. The inquirer is strongly encouraged to consult with an attorney in his or her own state to acquire more information about this issue. Licensed to practice in New Jersey and Pennsylvania.
I've spent a lot of time sending accessibility complaints to the DOJ for the "mediation process", which is supposed to be a faster way to get better compliance. No response. I waited and got no response. I'm still waiting for, at the very least, a letter confirming that they received the things, let alone tell me what action, if any, they would be taking. Nothing.
Table 3A suggests that the various policies used to assist pro se litigants in federal district courts have not substantially affected win rates for pro se plaintiffs. When both parties are represented, plaintiff win rates gravitate around 50 percent. When only the plaintiff is pro se, the plaintiff win rate hovers between 2 and 5 percent. All of the policies registered in the FJC Survey classified as “programs and procedures to assist pro se litigants”—the types of policies discussed throughout this
Understanding the procedures and techniques described here will help you present a persuasive, legally proper case whether you are a plaintiff (meaning that you have filed a lawsuit yourself) or a defendant (meaning that you have been sued). Illustrated with sample forms, pleadings, and courtroom dialogues, the book will take you through the litigation process step by step, from deciding whether you have a valid legal claim or defense to preparing an appeal if you lose.
Know the Rules of the Road. Before filing a lawsuit, you must carefully read your state’s code of civil procedure and the court’s local rules. If you also have federal claims and wish to file in federal court, then you must read the Federal Rules of Civil Procedure, as well as the particular district’s local rules. In addition, some judges have their own rules called local local rules. You must familiarize yourself with these rules as well.
No matter how many times you read this book and how carefully you prepare, you will probably feel anxious when you represent yourself in court, especially if your opponent has a lawyer. Perhaps it will help you if you know that you aren’t alone. Many professionals feel anxiety—particularly before a first performance—whether they are lawyers about to begin a trial, teachers about to teach a class, or actors about to perform on stage. So take a deep breath and gather up your courage. As long as you combine your common sense with the principles and techniques described in this book, and are not afraid to ask a court clerk, a law librarian, an attorney, or even the judge for help if you become confused, you should be able to represent yourself competently and effectively.
Immunity prohibits you from suing a person who is performing his/her duties as prescribed by law. When a judge decides a case, he is immune from suit because he is performing the duties directed by law. However, if a judge has operated his car illegally and caused you to be harmed, you can sue him for damages because driving his car does not fall under the duties of being a judge.
Later, when time comes to my response, like a bipolar, I keep jumping from Magician to Conqueror and then crave badly to be act like an aggressor. I end up changing my response over and over and over again, until I get the Aggressor out of my system. Then I do my best to mix Magician—common sense—approach to reach a Conqueror-level response document.