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.

Narrow exceptions to this principle have also been suggested by other courts in the United States. For example, according to one district court a state-licensed attorney who is acting as pro se may collect attorney's fees when he represents a class (of which he is a member) in a class action lawsuit,[53] or according to another court represents a law firm of which he is a member.[54] In each of those instances, a non-attorney would be barred from conducting the representation altogether. One district court found that this policy does not prevent a pro se attorney from recovering fees paid for consultations with outside counsel.[55] Pro se who are not state-licensed attorneys cannot bring up a class action lawsuit.[22]
This bias exists in direct contradiction to the Supreme Court's ruling in Faretta v. California. that everyone has the constitutional right to proceed without counsel. The reasoning behind that decision means that the Constitution requires our justice system to be neutral towards the self-represented litigant. That in turn means that the courts must offer a level playing field for the represented and unrepresented alike, consistent with basic principles of fairness.
15. “Right to counsel” in this Comment refers to a litigant’s right to have an attorney provided if the litigant is unable to afford a lawyer. In other contexts, it is sometimes defined more narrowly, such as a right to a lawyer only in the case of criminal defense or a right to a lawyer only if a litigant can afford his or her own lawyer. See generally, Note, The Indigent’s Right to Counsel in Civil Cases, 76 Yale L J 545 (1967).
77. For more discussion of the nature of these fields and other data contained in the AO dataset, see generally Integrated Data Base Civil Documentation (Federal Judicial Center, 2017), archived at http://perma.cc/LT4F-2W5E. Additionally, several other fields are used in the data processing that is conducted before the analysis, such as using the docket number assigned by the district court to avoid double-counting cases. For more discussion of the data cleaning process, including the data used in that process, see
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
litigant’s interest in personal liberty, not the general interests of litigants in vindicating legal rights, was the critical question in determining whether the litigant has a right to counsel.39 Accordingly, in a blow to civil Gideon activists, the Supreme Court held that there was a “presumption that there is no right to appointed counsel in the absence of at least a potential deprivation of physical liberty,” signaling the Supreme Court’s reluctance to extend the right to counsel to civil litigants.40 Lassiter remains good law.

Pro se means that you are representing yourself in court, without a lawyer. Another term is self-represented litigant. If you represent yourself in a family matter, the court will ask you to attend a Pro Se Education Program. The program helps you understand court procedures and the forms you need to file with the court. Classes are free and open to the public.

The exclusion of prisoner pro se litigation is a potentially consequential choice. Commentators sometimes discuss trends in prisoner and nonprisoner civil pro se litigation without differentiating between the two classes, but there is no reason to assume that trends in prisoner pro se litigation mirror trends in nonprisoner pro se litigation.80 Prisoner pro se litigation may be an interesting topic of its own. However, most prisoner litigation consists of several unique case types that are pseudocriminal in nature, particularly habeas petitions, that are not necessarily similar to other types of civil pro se litigation. Accordingly, the scope of this Comment excludes cases that are predominantly brought by prisoners in order to focus more narrowly on the dynamics of civil nonprisoner pro se litigation in federal district courts.81
 Filing of complaints, appearance,  issuance  of summonses, and procedures for collection, garnishments, citations, attachments, and the like, require the parties to pay fees  and/or other "court cost". The Judge  will generally order the  party who loses to pay the "court costs". The defendant may have to pay plaintiff interest on the unpaid judgment at the statutory rate.
Supreme Court held for the first time that the Due Process Clause of the Fourteenth Amendment requires states to respect the right to counsel in at least some criminal trials.21 Under Powell, the right to adequate counsel was guaranteed only for capital cases. The Court explicitly declined to reach the question of whether states needed to provide a similar guarantee of access to counsel in noncapital cases.22
Table 3C relies on the same data but considers the win rates of different types of litigants based on the total number of policies that the district court has implemented rather than which particular policies the court has implemented. Table 3C thus seeks to test the slightly different hypothesis that there may be a cumulative benefit from implementing these policies even if none is individually impactful.
University of Illinois Law School's Professor Robert Lawless, a national expert in personal credit and bankruptcy, showed that, the rate of non-attorney filings in bankruptcy courts by debtors was 13.8% for chapter 13 cases, and 10.1% for chapter 7 cases. The rate was as high as 30% to 45% for major urban areas, such as California and New York city. US Bankruptcy Court of Arizona reported 23.14% cases filed pro se in October 2011, up from 20.61% a year before.[41]

In order to evaluate the impact of EDNY’s pro se reforms, this Comment runs a logistic regression using whether the plaintiff won the case as the independent variable. The dataset for this regression is all cases decided in the four New York district courts between 1998 and 2007 that involved pro se plaintiffs and represented defendants. This dataset includes 578 cases from the Northern District of New York (NDNY), 2,658 cases from EDNY, 3,843 cases from SDNY, and 668 cases from the Western District of New York (WDNY). The key variable of interest is a binary variable that is coded “1” if the case is in EDNY and filed after the implementation of the pro se reforms and “0” otherwise.125 There were 1,408 cases in this dataset from after EDNY implemented the reforms.
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.
  There is a kind of greatness which does not depend upon fortune; it is a certain manner that distinguishes us, and which seems to destine us for great things; it is the value we insensibly set upon ourselves; it is by this quality that we gain the deference of other men, and it is this which commonly raises us more above them, than birth, rank, or even merit itself.

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.
116. A difference-in-differences analysis is an analysis that looks at two samples (here, EDNY pro se litigant outcomes and non-EDNY pro se litigant outcomes) and compares the difference in the average result between those two groups before and after a treatment. This analysis compares the difference between EDNY and non-EDNY pro se litigant outcomes before the pro se reform with the difference between EDNY and non-EDNY pro se litigant outcomes after the pro se reform. Non-EDNY in this analysis refers to all New York federal district courts other than EDNY: the Northern District of New York, SDNY, and Western District of New York. The treatment effect is the difference between these two differences—that is, the difference in differences. For more discussion of this methodology, see generally Marianne Bertrand, Esther Duflo, and Sendhil Mullainathan, How Much Should We Trust Differences-in-Differences Estimates?, 119 Q J Econ 249 (2004).
It sounds like you are on the right path and are doing things correctly. Since the defendant hasn’t complied with the rules and has failed to either admit, deny, or object to your requests, it seems clear that the judge will not have much other choice other than to issue an order deeming the matters as admitted under ORCP Rule 45. And congratulations for submitting requests for admissions, many pro se’s make the mistake of not submitting requests for admissions in their litigations. Requests for Admissions can be very crucial to a case and it is a mistake not to submit them to the opposing party. Hopefully the judge in your case will follow the governing rule and issue an order deeming the matters from your requests as admitted. That will certainly help you prove your case and as you said, will also potentially alleviate your having to drag some witnesses into court against their will to testify. Good for you for holding your own and overcoming the “overwhelming” factor and resisting folding your hand. And good for you for not allowing the defendant’s lawyer into bluffing you and trying to intimidate you into giving up. This is what unscrupulous lawyers try to do, and unfortunately, it works many times. It sounds like you are doing a great job holding your own. You are doing a great job on how you are handling the requests for admissions issues. Keep up the good work! I wish you the best!
Department of Social Services,37 the appellant argued that failing to provide counsel in a civil suit that would terminate parental rights violated the Due Process Clause.38 A 5–4 majority on the Supreme Court held that there was no general right to appointment of counsel in parental termination proceedings despite the importance of the right involved. The Court explained that a
Nor do you need to be intimidated by the difficulty of the law or legal reasoning. Your trial will probably be concerned with facts, not abstract legal issues. For the most part, you can look up the law you need to know. (See Chapter 23 for information on how to do this.) Legal reasoning is not so different from everyday rational thinking. Forget the silly notion that you have to act or sound like an experienced lawyer to be successful in court. Both lawyers and nonlawyers with extremely varied personal styles can succeed in court. The advice to “be yourself” is as appropriate inside the courtroom as outside.
Herman Melville was an American novelist, short story writer, essayist, and poet. His first two books gained much attention, though they were not bestsellers, and his popularity declined precipitously only a few years later. By the time of his death he had been almost completely forgotten, but his longest novel, Moby-Dick — largely considered a failure d ...more
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.
It was very nice of Kenn to share all that esoteric knowledge regarding the litigation process. I think most lawyers would only be interested in non disclosure of their dirty tricks, so many thanks to Kenn. I have not made the decision of going pro se, but even if I don't, the book is still worth to read to attain some understanding of what is going on behind the scenes in one's lawsuit.
Acknowledging the limits described above, this Comment does find that pro se reform in federal district courts has not yet meaningfully impacted case outcomes for pro se litigants, whereas increased access to counsel has had somewhat more promising results in the experimental literature.131 The policy implications of those facts are not immediately clear. These results suggest that increased access to counsel may help pro se litigants vindicate rights; however, the wisdom of that approach depends on whether the costs of that increased access to counsel outweigh the benefits or whether there are cheaper ways to achieve those benefits. One critical question in this vein is whether there are more effective reform opportunities available to courts, because more effective reforms could still conceivably enable improved outcomes for pro se litigants at a lower cost than increased access to counsel. This Comment finds little evidence that measures thus far implemented by courts have improved case outcomes. Hence, merely renewing and expanding similar reforms does not appear to be an especially promising path forward.

One important takeaway from this Comment, related to the limitations described above, is the importance of additional studies into the effectiveness of other reform measures, especially reform measures undertaken in courts other than federal district courts. As previously mentioned, other courts throughout the country have experimented with ways to help pro se litigants.130 Although the particular reforms analyzed here appear to have been ineffective, other reforms undertaken by other courts might achieve better results. With sufficient empirical legwork, successful reforms can be identified, and other courts can learn from those successes. Although courts likely attempt to learn from each other’s practices, without empirical validation of these techniques, there’s a risk that the blind are leading the blind. More empirical studies could help show the way.


When pro se litigants feel they are being shut out from the process or that their voices are being stifled, these challenges—and the accompanying risks—are amplified. In fact, studies show that notions of fairness heavily influence and guide pro se litigants. Id. at 4. Indeed, “research has repeatedly established that when litigants perceive that a decision-making process is fair, they are more likely to be satisfied with the outcome.” Self-Represented Litigation Network, Handling Cases Involving Self-Represented Litigants: A National Bench Guide for Judges 2–4 (2008).
Finally, one other potential policy implication suggested by this Comment is that expanded access to counsel for certain pro se litigants may be an attractive option. This Comment does not fully analyze the potential costs or benefits of civil Gideon and accordingly comes to no conclusion about its overall merits.133 However, many commentators have opposed civil Gideon partially on the grounds that pro se reforms at the trial court level could be a cheaper, but still effective, alternative.134 The Supreme Court has suggested a similar belief.135 But while not totally conclusive for the reasons described above, this Comment indicates that those reforms have not had the kind of impact on case outcomes that increased access to counsel might have. Because these reforms do not yet appear to be a viable and effective alternative to civil Gideon, this Comment suggests that improved case outcomes may be better achieved through expanded access to counsel than through pro se reforms.
While most litigants are plaintiffs, about ten percent are defendants. The legal challenges facing the clinic’s visitors are varied and diverse: for example, clinic visitors have included an immigrant woman sued by a hospital for payment of her late husband’s medical bills and threatened with having her wages garnished; a woman who sued the police after her home was broken into by police with drawn weapons while her toddler granddaughter was playing on the floor; and a woman who sued her employer for sex discrimination and through mediation received a five-figure settlement.

The one solution to many of life's worries is simply to laugh them off. If you feel poorly about yourself, rest assured in the knowledge that everyone else does too--and let out a light chuckle about how ridiculous it is that we all worry so much about other's thoughts and opinions. One of the better aspects of growing up and into your own skin is learning how to laugh at yourself when things don't go as planned. The act of developing self-confidence is no different. So, laugh, and see how you'll love yourself just a little bit more with each beautiful, ringing one.
Now in its second year, the SDNY Legal Clinic for Pro Se Litigants has successfully assisted hundreds of litigants in a range of cases including employment discrimination, civil rights, intellectual property and more. In many instances, cases that do not belong in the SDNY are diverted to another more appropriate venue, such as Family Court or Housing Court – saving litigants time and anxiety and sparing the court’s limited resources.

Narrow exceptions to this principle have also been suggested by other courts in the United States. For example, according to one district court a state-licensed attorney who is acting as pro se may collect attorney's fees when he represents a class (of which he is a member) in a class action lawsuit,[53] or according to another court represents a law firm of which he is a member.[54] In each of those instances, a non-attorney would be barred from conducting the representation altogether. One district court found that this policy does not prevent a pro se attorney from recovering fees paid for consultations with outside counsel.[55] Pro se who are not state-licensed attorneys cannot bring up a class action lawsuit.[22]
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