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


The Supreme Court noted that "[i]n the federal courts, the right of self-representation has been protected by statute since the beginnings of our Nation. Section 35 of the Judiciary Act of 1789, 1 Stat. 73, 92, enacted by the First Congress and signed by President Washington one day before the Sixth Amendment was proposed, provided that 'in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of counsel.'"[5]
Another popular method of resolving disputes outside of court is mediation, which is generally less formal and less costly than arbitration. Mediation is a voluntary process in which you meet with your adversary in the company of a neutral third person, the mediator. The mediator has no power to impose a solution; rather, the mediator’s role is to facilitate settlement by clarifying each party’s position, encouraging cooper­ation, and suggesting possible solutions. Professional mediators charge for their services, typically by the hour. Normally, the parties split the mediator’s fee.
All judges are subject to the Code of Conduct for United States Judges. The Clerk of Court and Clerk's Office staff members are subject to the Code of Conduct for Judicial Employees. Part of the codes of conduct prohibit Clerk's Office employees from accepting any gift, without exception, from anyone seeking official action from or doing business with the court or from anyone whose interests may be substantially affected by the performance or nonperformance of official duties. This prohibition includes accepting any sort of holiday gift, whether intended for the Clerk's Office as a whole or for a specific individual.
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.
Great advice! Every point you have made about lawyers and their tricks, I have experienced. One of the greatest failures of the lower courts is the acceptance of inadequate documentation because they go unchallenged. The court is not going to do your work or come to your rescue as you may think. If the document is a not original or is forged, it is up to you to make the case. Even if the judge can see that a document may have an obvious forgery, you must still make the case against it.
In New Haven, for instance, Family Court litigants must talk to a family services counselor before their case. Eight courthouses have court service centers, which offer guidebooks on the court system and are staffed with court personnel. Ten have public information desks. Much of the information necessary to complete a divorce is also available online.
The center’s approach, known as “limited-scope legal assistance,” can fill an important void. Most federal courts devote substantial resources to pro se litigants, such as handbooks and staff time answering process questions, and pro se staff attorneys help judges process cases. But court staff may not give legal advice to litigants, and although private lawyers offer some volunteer assistance, they cannot meet demand.
Administrative law judges (often called “ALJs”) preside over administrative hearings. ALJs are typically appointed based on their expertise concerning the work of a ­particular agency. Most ALJs are not in fact judges; some may not even be lawyers. Moreover, administrative hearings typically take place in small officelike hearing rooms rather than in courtrooms, and no juries are present. Usually, indiv­iduals ­involved in administrative hearings represent them­selves. However, whereas only lawyers can represent people in court, agency rules usually allow nonlawyers called “lay ­representatives” to appear on behalf of individuals in administrative agency hearings. If you will participate in an admin­istrative hearing, you may want to prepare for it by at least conferring with a lay representative before the hearing takes place.
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.
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.
To represent yourself successfully, especially ­if your adversary has a lawyer, you must be ­­­­­­prepared to invest substantial amounts of time in your ­­­­case­­­­­­­—and particu­larly in the many pretrial procedures and maneuvers that can mean the difference ­between winning and losing. To non-lawyers, the legal system seems to center on the outcomes of trials. After all, that’s the dramatic part—and the focus of so many movies and TV shows. If you believe these portrayals, you might think you just have to file a few papers, tell your story to a judge, and claim victory. (This was the belief of Vinny, who represents two ­defendants charged with murder in the wonderful court­room comedy film, My Cousin Vinny. Vinny shows up for an ­arraignment and tries to explain to the judge that the police made a mistake. Vinny is shocked when the judge advises him that he’s not going to set aside all of his state’s procedures just because Vinny finds himself “in the unique position of representing clients who say they didn’t do it.”)

In my experience, the most important (but not only) case Lexis search engine kept missing was Mareck v. Johns Hopkins University, 60 Md.App. 217 (1984) (affirmed, 1985). Mareck has a striking similarity with one of my cases, and it supports many of my arguments for which I couldn't previously find legal precedents. Leagle.com lacks the functionality of Lexis, but is entirely free and does not require any sort of enrollment or membership.
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.
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.
Tables 2E and 2F show that there is considerable variance in the outcomes of different types of cases for both represented and pro se litigants. When plaintiffs proceed pro se, they win somewhere between 2 and 11 percent of cases, depending on the nature of the suit. When the defendant is pro se and the plaintiff is represented, the plaintiff wins somewhere between 43 percent and 93 percent of cases,89 depending on the nature of the suit. This substantial variance is not confined to pro se litigants. Even when both parties are represented, there is wide variance in the percentages of cases won by plaintiffs, ranging from just 13 percent in products liability and employment discrimination cases to 77 percent in property cases.90 But in essentially all categories, pro se litigants fare far worse than represented litigants.
Commentators have seen Turner as a complete rejection of civil Gideon, effectively foreclosing the possibility of an expanded right to counsel in civil litigation, at least for the foreseeable future.44 However, commentators have also seen the holding in Turner—that due process requires trial courts to protect pro se litigants’ rights via procedural safeguards—as a nod toward a new and potentially more fruitful approach to pro se litigation: reforms in trial courts.45
53. A factor of 1.19 indicates that a represented litigant is 1.19 times more likely to win than a pro se litigant in the same case. Some of these studies were conducted in different litigation contexts, and there is no a priori reason to believe that access to counsel has a similar impact on all types of litigation, so a large range in win ratios like the one seen here could conceivably be accurate. Still, the gap between a win ratio of 1.19 and 13.79 is sufficiently large to suggest uncertainty in these results. See Rebecca L. Sandefur, The Impact of Counsel: An Analysis of Empirical Evidence, 9 Seattle J Soc Just 51, 70 (2010).
Taking the time to express appreciation or to compliment others around you helps create a positive environment. People who interact in these positive environments become more willing to keep that environment positive, creating mutual support and respect. It is also confidence-building to watch other people become happier and surer of themselves based, in part, on the things you have said to them.
Remember, in Chapter II we discussed the five required elements of a lawsuit. Before filing a case in a federal court, you must decide if the court has jurisdiction. Jurisdiction is the authority given a court to hear and decide certain cases. The United States Supreme Court is given its authority by Article III of the United States Constitution. There may be instances when the United States Supreme Court might review a judgment rendered by a state court, but those instances are rare, occurring only when there has been a final judgment or decree of the highest court of the state in which a decision could be had involving a substantial federal question. Normally, the United States Supreme Court reviews judgments rendered by the United States Courts of Appeals, of which there are thirteen federal judicial circuits. The United States Supreme Court has original jurisdiction over matters involving treason and presidential impeachment.
If the jury or the judge awarded costs to the prevailing party, it is necessary to prepare a bill of costs incurred in the suit for the approval of the court. Costs are specified by Local Rule 54.1 as to what is allowable, and only those costs listed as allowable may be recovered by the prevailing party. Within fourteen (14) days after entry of judgment, under which the costs may be claimed, the prevailing party may serve and file a cost bill requesting taxation of costs itemized thereon.
Do I have a basic understanding of the required court documents? Mounds of documents can be very intimidating to a lot of people, legal officials included. Parents considering pro se representation should become familiar with various types of family law documents. Again, become friendly with the court clerk and ask for his or her help identifying the correct forms, where to get them, when they are due, and how they should be submitted. 
Remember, in Chapter II we discussed the five required elements of a lawsuit. Before filing a case in a federal court, you must decide if the court has jurisdiction. Jurisdiction is the authority given a court to hear and decide certain cases. The United States Supreme Court is given its authority by Article III of the United States Constitution. There may be instances when the United States Supreme Court might review a judgment rendered by a state court, but those instances are rare, occurring only when there has been a final judgment or decree of the highest court of the state in which a decision could be had involving a substantial federal question. Normally, the United States Supreme Court reviews judgments rendered by the United States Courts of Appeals, of which there are thirteen federal judicial circuits. The United States Supreme Court has original jurisdiction over matters involving treason and presidential impeachment.
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.
Local Rule 54.3, Award of Attorney Fees, states that "attorney fees will not be treated as routine items of costs. Attorney fees will only be allowed upon an order of a judge of the court after such fact finding process as the judge shall order." Rule 54.3 sets out the requirements for petitioning the court for an award of award fees; and after the petition is filed by the prevailing party, the other party has fourteen days to object to the award.

Arbitration is an alternative to trial that is often perceived to be quicker and less costly. In arbitration, a privately agreed-to arbitrator, not a judge, rules on the case. There is no jury, procedures before the hearing are more informal, and the arbitrator is not strictly bound by rules of evidence. Arbitrators generally charge by either the full or half day; you and your adversary split the arbitrator’s fee.
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
There are a few potential omitted variables that this analysis is unable to capture. One possible issue is changing caseloads in each district over time. If the composition of EDNY’s pro se docket shifted in a different way than New York’s other district courts in the years surrounding the reform, that may hide the impact of EDNY’s reforms. Another possibility is that noncourt legal actors may have changed their strategies in response to EDNY reforms. If, for example, outside legal aid clinics started shifting their resources to non-EDNY courts in response to this reform, possibly because those clinics knew that pro se litigants would receive adequate assistance in EDNY due to the reforms, that may also mask the impact of these reforms in EDNY. Finally, because this analysis compares the outcomes of pro se litigation in EDNY with outcomes of pro se litigation in the other New York district courts, if those district courts also made improvements to the pro se litigation process during this time period, the analysis might understate the effect of the EDNY reforms.
Examples Only.  The forms do not try to address or cover all the different types of claims or defenses, or how specific facts might affect a particular claim or defense.  Some of the forms, such as the form for a generic complaint, apply to different types of cases.  Others apply only to specific types of cases.  Be careful to use the form that fits your case and the type of pleading you want to file.  Be careful to change the information the form asks for to fit the facts and circumstances of your case.
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