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.

Defense counsel will have to prepare defense witnesses so they respond politely and directly to tedious, often incomprehensible questions from the pro se plaintiff. If a defense witness loses his or her temper, or appears to be condescending to the pro se plaintiff, the jury will certainly find against any testimony given by the defense witness, even if the jury does not necessarily agree with the plaintiff’s view of the case.
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.
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.
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. 
This Comment presents commentators with a perspective on the volume, types, and typical success rates of pro se litigants in federal district courts. It shows that nonprisoner pro se litigants comprise a meaningful percentage of the federal docket. Moreover, pro se litigants show up in substantial numbers across many different types of litigation, from property cases, to torts cases, to civil rights cases. However, in nearly all of those types of cases, pro se litigants fare at least several times worse than represented litigants; overall, pro se plaintiffs are less than one-tenth as likely to win cases as represented plaintiffs, whereas pro se defendants are only about one-third as likely to win cases as represented defendants.
43. Id at 447–48 (citations omitted). Note that safeguards, such as additional forms to elicit relevant information or additional notice about critical issues, are potentially similar, though not identical, to reforms such as giving pro se litigants access to an electronic version of the docket or allowing additional communication with a clerk at the court (the reforms analyzed in Part III).
Although it's a little cheesy, having an alter ego of sorts is a very helpful way to boost self-confidence. If we pretend like we're someone else--strong, willful, self-confident--we never have to subject ourselves to the fear of our personal worth not being enough for others. We should not necessarily lie about who we are, or invent false facts, but instead find another mode of existence in which we may tap into to be comfortable in our own skin.

This Comment proceeds as follows. Part I provides an introduction to relevant case law, as well as key perspectives in the academy, on the rights of pro se litigants and procedural safeguards to protect pro se litigants. Part II presents an empirical overview of pro se litigation in federal district courts and contextualizes the typical types and outcomes of pro se litigation within the context of the federal docket. Part III details some of the policies that federal district courts have implemented thus far to improve the results of pro se litigation by comparing pro se outcomes in courts that have implemented those reforms with pro se outcomes in courts that have not implemented those reforms, and it demonstrates that those measures have not impacted case outcomes. Part IV then describes and analyzes the effects of wholesale reforms to the pro se litigation process in the Eastern District of New York (EDNY) by comparing case outcomes for pro se litigants in EDNY with those of neighboring districts before and after the implementation of reforms. Part IV bolsters the findings of Part III by showing that EDNY’s wholesale pro se reform also did not impact the win rates of pro se litigants. Part V discusses some of the implications of the results detailed in Parts III and IV, and the Conclusion summarizes the contribution of this
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.
A trial is defined as "a judicial examination of issues between parties to an action." The parties each get the opportunity to present their side of the case, and the judge and jury (if the trial is a jury trial) are responsible for entering a verdict and judgment based on the evidence and arguments presented. It is the judge's duty to see that only proper evidence and arguments are presented. In a jury trial, he also instructs the jury which will be called on to make decisions regarding those matters at issue and then a judgment is entered based on the verdict reached by the jury. Local Rule 58.1.
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.
Shauna Strickland. Virginia Self-Represented Litigant Study: Outcomes of Civil Cases in General District Court, Juvenile & Domestic Relations Court, and Circuit Court. (December 2017). This report characterizes Circuit Court civil cases by analyzing caseload composition, the presence of legal representation, the level of case contention, and case outcomes.
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.
A jury trial begins with the judge choosing prospective jurors to be called for voir dire (examination). Local Rule 47.1. The jury box shall be filled before examination on voir dire and the Court will examine the jurors as to their qualifications. Not less than five (5) days before trial, the parties are to submit written requests for voir dire questions. Unless otherwise ordered, six (6) jurors plus a number of jurors equal to the total number of preemptory challenges which are allowed by law shall be called to complete the initial panel. Local Rule 48.1. After voir dire of all prospective jurors, a jury of six (6) is named and instructed by the judge regarding the issues they will be deciding. Local Rule 51.1.
Another common reason a defendant might choose pro se representation is the cost involved in hiring an attorney. If the defendant does not like the attorney that the court provides, it might cost them a significant amount of money to hire a private defense lawyer. Saving money is perhaps one of the greatest advantages of pro se representation. However, often times the defendant might be saving money at the risk of losing their case because they are unequipped to argue on their own.

After conducting an empirical study of pro se felony defendants, I conclude that these defendants are not necessarily either ill-served by the decision to represent themselves or mentally ill. ... In state court, pro se defendants charged with felonies fared as well as, and arguably significantly better than, their represented counterparts ... of the 234 pro se defendants for whom an outcome was provided, just under 50 percent of them were convicted on any charge. ... for represented state court defendants, by contrast, a total of 75 percent were convicted of some charge. ... Only 26 percent of the pro se defendants ended up with felony convictions, while 63 percent of their represented counterparts were convicted of felonies ... in federal court ... the acquittal rate for pro se defendants is virtually identical to the acquittal rate for represented defendants.[39]
Hourly rates for lawyers who do personal legal-services work typically run from $100 to $250 per hour. Certain experts and big-firm lawyers charge even more. It is important to find out exactly how the lawyer will calculate the bill. For example, some lawyers who charge by the hour bill in minimum increments of 15 minutes (quarter hour), and others bill in increments of six minutes (tenth of an hour). That means that a five-minute phone conversation for which you are billed the minimum amount could cost you different amounts, depending on how the lawyer figures the bill.

Having said that, lawyers are trained and experienced in the fields of their practice. In litigation, a lawyer will know the rules of procedure, how things are customarily done in the particular court, the substantive laws that apply to the case, and appellate rulings that may be applicable. Lawyers also have the advantage of being able to give their clients an outside look at the case (clients usually are overly confident that they are correct and that they judge/jury will believe everything that they say and nothing that the other party says). And lawyers are usually much more skilled at negotiating settlements and have the benefit of experience to guide them on fair value of the case.


I’ve filed and served a request for admissions which the Defendant”s attorney failed to answer within the 30 day period allotted by rule here in Oregon. The rules also state that a failure to answer the request will result in admission of the answers requested. From what I can glean from the rules, I now need to file a “Motion To Determine Sufficiency”. If I fail to file such a motion, can I simply ask the court to declare, at the outset of trial, that the defendant, by failing to answer the admissions request, has in fact admitted certain facts which I no longer must prove at trial?
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!
Now, even those who initially tried to get more people to represent themselves said there are problems, fueled at least partially by lawyer's fees that few of the poor can afford. It's not uncommon for a lawyer to ask for a $5,000 retainer to take a divorce case. Fees vary in different parts of the state -- anecdotes from lawyers and judges indicated that Fairfield County lawyers charge the highest prices -- but it is difficult to find anyone who charges less than $200 an hour and not uncommon for lawyers to charge $500 an hour, lawyers and judges said.
One newspaper report from the time suggests Parker did fine, though it was clear he was an amateur. He arrived with a thick pile of notes, wagged his fingers at the justices, and wore striped pants and a cutaway jacket. That was what all lawyers once wore to argue at the court, but it had fallen out of favor for all but government lawyers by the time Parker appeared before the court.
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.
Additional studies that help determine the extent to which differences in access to counsel are responsible for the gaps in case outcomes between pro se and represented litigants, especially across a broader range of types of cases, would also be useful. If differences in access to counsel explain differences in case outcomes, the legal community should be more fearful that those without adequate resources are being deprived of meaningful access to the legal system. Moreover, if communities that lack the means to gain access to counsel lack effective legal recourse, despite sometimes having meritorious claims, then the legal community should also worry that bad actors can gain by depriving those communities of legal rights without facing the deterrent effects of litigation. Concerns about exploitative employers may be heightened if more than 2 percent of pro se plaintiffs have fully meritorious claims but only 2 percent of those plaintiffs can effectively seek relief due to difficulties navigating the legal system. Conversely, if lack of access to counsel does not explain poor case outcomes for pro se litigants, perhaps the legal community should focus on other considerations, such as making pro se litigants feel that they have received a fair chance in court and had their grievances heard, rather than trying to narrow the gaps in case outcomes or provide lawyers for more pro se litigants.
Another common reason a defendant might choose pro se representation is the cost involved in hiring an attorney. If the defendant does not like the attorney that the court provides, it might cost them a significant amount of money to hire a private defense lawyer. Saving money is perhaps one of the greatest advantages of pro se representation. However, often times the defendant might be saving money at the risk of losing their case because they are unequipped to argue on their own.
A tort is defined as a "private or civil wrong or injury." It is distinguished from criminal law because it is an injury against an individual and not the state (city, county, or state government). If a person ran a stoplight and hit your car, the state would ticket the driver for running the stoplight but it would not be able to sue the driver for the injuries received by the victim of the other car. That is considered a private wrong or injury and it is the right of the victim to file a civil suit against the driver seeking damages for the injuries received.
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.
Why file a Pro Se complaint? As the chair of an advocacy group called the Disability Action Crew (DAC), I have lots of information to help others advocate for access. With every question I get asked about advocacy, it seems I often end up with more questions that go unanswered. It's like a coach trying to beat a team that makes all the rules as the game goes along. He's out there, he's trying to win, but every time he goes for the goal there's a different set of rules. Advocacy's like that‹we don't know the rule of winning access until we break them. And we look to authorities for the answers: the DOJ, the EEOC, the HRC, the DOT.
The lack of civility among lawyers is a frequent topic at bar association meetings. Canon 7 of the American Bar Association Model Code states that a “lawyer should represent a client zealously within the bounds of the law.” Many lawyers blame an over-enthusiastic reliance on Canon 7 for what they consider a rising tide of lawyer incivility (or bullying) that characterizes modern litigation. Commonly-cited examples include:
One of the most important aspects of pro se litigation in federal district courts is that pro se litigants fare extremely poorly. This is generally understood in the literature.82 However, the magnitude of the disparity between pro se and represented litigants is not always highlighted. Accordingly, this Section presents statistics on typical outcomes for represented and pro se litigants in trial. Tables 2.2 and 2.3 show the win rates of plaintiffs and defendants in cases that reach a final judgment based on whether both parties are represented, the plaintiff is proceeding pro se, or the defendant is proceeding pro se.
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Aside from her family appellate matters, Christa has also been successful in small claims. In 2017 Christa brought a pro se complaint against an auto body repair shop after it made faulty repairs to her vehicle. The shop hired an aggressive attorney, but Christa successfully pushed the case to a settlement for the full amount of her claim. Although Christa cannot and will not offer legal advice, she genuinely engages with her clients, is always happy to lend a listening ear and to share her own pro se experiences. Christa encourages her customers to educate themselves of the system and the laws which she believes results in an empowered and confident pro se litigant.  
5. If you or your group did anything to inform that particular business owner of his violation, then you might want to make that paragraph 19. It might read like this, "During the summer of 1997, the Louisville CIL visited the business in question, and spoke to the owner. The owner could easily make his business accessible but has chosen not to comply with the Americans with Disabilities Act."
In contrast, the results for services intended to help pro se litigants obtain representation are somewhat less clear. Again, the resultant “improvements” in win rates look more like statistical noise than meaningful impacts, but there is arguably more room for contrary interpretations.113 However, while those reforms are no doubt also advocated by many seeking an alternative to civil Gideon, they concern increased access to counsel instead of substitutes for access to counsel. Thus, these kinds of reforms do not resemble the types of reforms suggested by the Supreme Court in Turner nor by most commentators discussing civil
91. Property cases are an interesting exception, with a represented plaintiff still 0.88 times as likely to win a case against a represented litigant as against a pro se defendant. Though the noncausal nature of the comparisons weighs against drawing any overly significant inferences from this fact, it does suggest that the trend toward increasing numbers of defendants proceeding pro se in property suits might not be a particularly important issue.
This is similar to the previous point. In a post, What Kind Of Pro Se Litigant Are You?, I discussed five types of pro se litigants. The least effective is one lacking in confidence. Many pro se litigants lose early by simply not showing up for court. Many more lose at the first hearing. With a lawyer on the opposite side and a robed judge on the bench, the average person is bound to feel as if they can’t succeed. Don’t let that feeling rule your actions. Lacking confidence, you might be tempted to ask advice of your opponent’s lawyer. He’s not your friend. Where a judge is concerned, ask for clarification about a ruling, not for advice about your case. In the face of uncertainty and fear, don’t give up. Keep going and learn. Simply getting to the next step, the next hearing, or the next motion is a victory. The longer you stay in, the more confident you’ll be.
Her situation was far from unusual. Judges, lawyers and other court personnel said in interviews that an increasing number of people over the last few years have been representing themselves in family cases, which include divorces and child-support and paternity hearings. The judges and lawyers said most people are representing themselves because they can't afford lawyers. And since there is usually no guaranteed representation in Family Court, like in criminal cases, and legal aid groups don't have the staff to step in, these "pro se" litigants are being forced to go to court alone.
In the early 1970's, it was virtually unheard of to go into court without a lawyer. Sarah D. Eldrich, a divorce lawyer in New Haven, was divorced in 1972 when she was a 21-year-old student at Quinnipiac University. Ms. Eldrich, who worked at the New Haven Legal Assistance Association while she was attending college, knew how to draft the papers for a divorce, but said she was discouraged from doing the divorce herself. The experience, she recalled in a recent interview, made her feel powerless.
Both of your suggestions are very helpful. It seems that if I were to appeal, it would not be for my upcoming Motion to Dismiss, because I understand that would be an ‘interlocutory’ appeal, and therefore not allowed. I also understand your point about the Judge & OC taking a pro se litigant much more seriously and cutting the nonsense by the very presence of a court reporter. In that respect, it makes a lot of sense in that a reporter may make an appeal unnecessary if the court decides to be reasonable and fair:)
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.
From October 2016 through September 2017 clinic staff members assisted 874 individuals in a variety of ways. In most cases, staff and volunteers provide advice and counsel, including providing referrals to other services or pro bono attorneys.  In some cases, clinic staff members provide more extensive assistance, such as helping litigants draft court filings.
The primary dataset used in this Comment consists of administrative records of civil cases filed in federal district courts, which are collected and published by the Administrative Office of the United States Courts (AO).76 The AO dataset includes the district court in which the case was filed, the docket number of each case, the date on which the case was filed, the nature of the suit, the procedural progress of the case at the time the case was disposed of, the manner in which the case was disposed of, the party that the final judgment of the case was in favor of, and whether the plaintiff or the defendant was a pro se party.77

While some (or several) attorneys are honest, there's a simple reason why no lawyer will defend your position as sternly you would: An attorney won't risk his/her cushy or soft-spoken relation with the judges in that court, lest the attorney finds himself (herself) forced to move his practice to another county/district/jurisdiction. In that sense, your cause is compromised by the lawyer without you knowing it.
Accordingly, this Comment suggests that pro se trial court reform is not the silver bullet that some commentators have hoped for in the quest to remedy the shortcomings of the pro se litigation process. In order to meaningfully improve case outcomes for pro se litigants, the legal community will either need to implement different and potentially more dramatic reforms than those implemented thus far or consider another approach altogether, such as renewed advocacy for “civil Gideon.”12 Alternatively, it is also possible that there is no cost-effective way to improve case outcomes for civil pro se litigants in the context of the modern US legal system. This Comment does not analyze the merits of these options. Instead, it strongly suggests that a different solution is needed to ensure pro se litigants get a full and equal opportunity to have their claims redressed via litigation.
THE mother from North Haven sat in the back of Judge Patricia L. Harleston's wood-paneled courtroom at the New Haven County Courthouse and cried quietly. She was unemployed, she owed more than $2,000 in child support and she had no idea how she was going to defend herself. She said she couldn't afford a lawyer, so she was representing herself at the child support hearing. Meanwhile, the lawyer for the father of her children sat across the room.
Additionally, there is no obvious way to test the consistency or validity of these survey results. If different courts implemented substantively different reforms but mapped them to the same policies when answering the questionnaire, these results may underestimate the effectiveness of certain policies. For example, if one district court allowed pro se litigants to conduct extremely formal and limited communications with pro se clerks, while another district court allowed pro se litigants who showed up at the court to receive extensive counseling from pro se clerks, both district courts may report that they provided “direct communications with pro se clerks.”99 These two policies may be sufficiently distinct that they have very different influences on the outcomes of pro se litigation. The available survey data does not provide a reliable way to tease out these types of distinctions, and they are grouped together in the analysis below. Similarly, if overburdened district courts were simply sloppy in their survey responses, this methodology may in turn underestimate the results of these policies.
Beyond the difficulties specific to civil Gideon, there is also empirical uncertainty regarding the value of access to counsel. Dozens of experimental studies have attempted to shed light on the effectiveness of attorneys in various settings in aiding litigants who would otherwise be proceeding pro se.52 One 2010 meta-study conducted on a selection of prior studies suggested that representation by counsel improved a party’s odds of winning a suit by a factor between 1.19 and 13.79.53 While those numbers suggest that access to counsel probably increases a litigant’s odds of winning a case by at least some margin, the size of the range limits the value of these studies to policymakers.54 There is also debate concerning the quality of most of these studies. A 2012 article by Professor D. James Greiner and Cassandra Wolos Pattanayak looked at dozens of previous studies to quantify the added value of access to counsel and found almost all of those studies were unable to accurately measure the effect of access to counsel.55
Accept all complaints, petitions and responses filed, in whatever form, and create user-friendly forms. Among the most obvious of barriers to equal access are rules governing the form of the papers people need to start a lawsuit or defend themselves if they are sued. Complicated pleading rules definitely operate to deny equal access. In fact, a simple plain-English statement of claim (as is used in many small claims courts) or a fill-in-the-blanks, check the boxes type of complaint form used in California courts is all that's needed in most common kinds of cases. Later, the legal and factual issues can be sorted out by a mediator or judge. The Superior Court of Maricopa County has created a number of easy-to-use forms for its Family Court, and by all accounts, people are able to handle them with little help from court personnel.
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.
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