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.
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.
Comment—appear to have no more than a 1 percent impact on the percent of pro se litigants that actually win cases in court. Perhaps more likely, they do not actually impact case outcomes at all, and the 1 percent variation is simply noise. Regardless of whether they account for some small improvement, however, these results show that pro se reforms are not significantly moving the needle in terms of case outcomes. Any potential improvement is substantially smaller than what the experimental literature suggests would result from improved access to counsel.112 Hence, compared to pro se win rates with a lawyer, these reforms cannot be considered a meaningful substitute for access to counsel even if they yield a small improvement, at least insofar as the goal is to help pro se litigants win more cases.
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.
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, or according to another court represents a law firm of which he is a member. 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. Pro se who are not state-licensed attorneys cannot bring up a class action lawsuit.
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.
Administrative hearings rather than trials typically result when individuals contest decisions made by government agencies, or when government agencies refuse to act favorably on individuals’ requests. Thanks in part to movies and TV, a popular notion is that in the U.S., trials are the most common method of resolving civil disputes. In fact, across the country many more administrative hearings than trials occur.