Do your homework and educate the court. It is important, at the outset of a case, for trial counsel to determine if he or she is litigating against a wolf in sheep’s clothing. “When the pro se litigant is really an expert litigant, the court’s sympathy for his presumed inexpertise diminishes markedly.” Scott L. Garland, “Avoiding Goliath’s Fate: Defeating a Pro Se Litigant,” Litigation, Vol. 24, No. 2 (Winter 1998), at 45, 50 (1998). A search of the county or state docket may reveal that the pro se party has actually been involved in numerous lawsuits and maybe has even been deemed a vexatious litigant. Armed with this knowledge, counsel is better equipped to handle both interacting with the self-represented party and convincing the court that the pro se party’s failure to follow the rules warrants sanctions.
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.

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.
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.
Your state’s “Rules of Court.” These are rules that set the procedures and deadlines that the courts in a state must follow. Generally, states have separate sets of rules for different kinds of courts. For example, a state may have one set of rules for its municipal courts (courts that try cases involving limited amounts of money), another for its superior courts (courts that try cases involving higher amounts of money), and still others for its appellate courts (courts that review the decisions of municipal and superior courts). All the rules may, however, be published in a single book. Some states also have separate sets of rules for specialized courts, such as family law courts, which hear cases involving divorce, child custody, and child support; or probate courts, which hear cases involving wills and trusts.
"I did not have sexual relations with Monica Lowinsky."  Ms. Lowinsky's allegations involved oral sex.  The definition of sexual relations does NOT include oral sex. President Clinton never denied Ms. Lowinsky's sexual allegation....but millions thought he did!  "There is no improper relationship."  There isn't now, but WAS there?  Many of us are raised speaking and writing without precision. We fill in the gaps with what we believe is the intended meaning.  Precision in the spoken and written word will take time to learn.  

From Figure 1, it’s difficult to tell whether there is a trend in EDNY meaningfully different from the trend seen in other New York district courts. To investigate this further, this Comment runs the logistic regression described above. Table 4 displays the results of that regression. Because the outcome variable is whether a plaintiff wins or loses a particular case, and each of the independent variables in this regression is a binary dummy variable, the coefficients describe the change in the probability of a case outcome when the variable is set to 1 instead of 0. Hence, a coefficient of 0.5 on the variable “EDNY Reform Dummy” would imply that EDNY Reform increased the chances of a pro se plaintiff winning a case by 0.5 percent.
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.
Many years ago, after winning a motion, an older judge asked me to stay behind after the parties left. He took me aside and said simply: "I want you to know that the case before yours today was to protect a little girl who's grandfather thinks it's fun to extinguish cigars on her legs." I knew what he wanted me to know, and I never forgot. Other people's cases are serious, too.
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.
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]
James Traficant, the colorful congressman from Ohio, defended himself twice. The first time was on bribery charges during his time as a local sheriff in the early 80s. He succeeded with a daring argument that his bribe-taking was really part of a corruption investigation that he himself was running. The second time didn't work out so well. He was convicted of some impropriety with campaign funds, got kicked out of the House, and went to prison for several years.
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.
This Part focuses on an extensive set of pro se reforms made in the federal district court in EDNY. Because these reforms were publicly announced around the time of their implementation, this Part conducts a difference-in-differences analysis of these reforms to complement the differences analysis from Part III.116 This analysis strengthens the results in Part III, suggesting that pro se reforms have not impacted case outcomes for pro se litigants.
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
Pro se representation presents unique but not insurmountable challenges for claimants and the legal system. In Louisiana, for instance, the Louisiana Court of Appeals tracks the results of pro se appeals against represented appeals. In 2000, 7% of writs in civil appeals submitted to the court pro se were granted, compared to 46% of writs submitted by counsel. In criminal cases the ratio is closer - 34% of pro se writs were granted, compared with 45% of writs submitted by counsel.[38] According to Erica J. Hashimoto, an assistant professor at the Georgia School of Law,:
Can I afford a private child custody attorney? Each parent is aware of his/her own, unique financial position and resources. Some parents borrow money for an attorney, while others may possess significant savings. Divorced parents are often fortunate enough to have legal expenses covered by a former spouse, written directly into a divorce decree. If parents are of modest means, pro se representation might be an appropriate alternative to hiring a private child custody lawyer, but cost should not be the only consideration.
Oftentimes, self-represented litigants become reactive when there’s a lawyer on the other side. Instead of getting ahead of things or running their own case, they let the lawyer take the lead. They spend so much time responding to discovery requests, summary judgment motions, motions to dismiss, and other filings that they don’t formulate a strategy of their own. They don’t do their own discovery or object to certain requests because they’re swamped and often intimidated. So, they’re always behind and in a constant reactive state. If a wise opponent sees how reactive you are, they can walk you right into an error. So, take control of your case. Never let a lawyer think that he’s in charge of it.

Clarence Earl Gideon was too poor to afford an attorney and thus proceeded pro se in his criminal trial in Florida in 1961. He was found guilty and subsequently appealed. He was appointed counsel (his attorney, Abe Fortas, later became a Supreme Court Justice) when the case reached the U.S. Supreme Court; the court ruled in Gideon v. Wainwright that the right to counsel means that states are required to provide counsel free of charge to indigent defendants in all criminal cases and that Florida's failure to appoint such counsel in Gideon's case constituted a violation of that right.[91] On remand, Gideon was represented in the new trial, and was acquitted.
  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.
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.
^ Kay v. Ehrler, 499 U.S. 432, 435 (1991), citing Gonzalez v. Kangas, 814 F. 2d 1411 (9th Cir. 1987); Smith v. DeBartoli, 769 F. 2d 451, 453 (7th Cir. 1985), cert. denied, 475 U.S. 1067 (1986); Turman v. Tuttle, 711 F. 2d 148 (10th Cir. 1983) (per curiam); Owens-El v. Robinson, 694 F. 2d 941 (3d Cir. 1982); Wright v. Crowell, 674 F. 2d 521 (6th Cir. 1982) (per curiam); Cofield v. Atlanta, 648 F. 2d 986, 987-988 (5th Cir. 1981); Lovell v. Snow, 637 F. 2d 170 (1st Cir. 1981); Davis v. Parratt, 608 F. 2d 717 (8th Cir. 1979) (per curiam).

Lawsuit Funding for Attorneys Litigation funding for Plaintiffs Litigation Finance Brokers Choosing a Litigation Finance Company Choosing Between Litigation Finance Companies Understanding Lawsuit Funding Companies Litigation Finance Firms Litigation Finance Trade Associations Litigation finance funds Find a Litigation Finance Firm Disrupting Hedge Funds in Litigation Finance Investors in Litigation Finance Litigation finance vs. private equity Champerty in Litigation Finance Disclosure of Litigation Funding Privilege Doctrines in Litigation Funding Regulations in Litigation Finance Legislation on Lawsuit Funding Finding the lowest litigation finance rates Litigation Funding Moves into the Mainstream Trends in Litigation Finance The Legal Funding Industry Statistics on Litigation Funding The History of Lawsuit Funding Key Risks in Litigation Funding The Growth of the Litigation Finance Industry The Market For Litigation Finance The Market Size of Litigation Finance Litigation Finance Explained Litigation Finance Definitions A Handbook for Litigation Finance How does Litigation Funding Work? Litigation Finance Primer The Pros and Cons of Lawsuit Funding Tax Treatment of Litigation Finance Litigation Finance and Usury Are litigation finance contracts loans? Post-judgment Litigation Funding Is litigation finance available for pro se cases? Getting the Fastest Litigation Funding Pre-settlement Lawsuit Funding Legal Funding for Workers Compensation Claims Legal Funding for Civil Cases Can litigation funding be an alternative to legal aid? Careers in Litigation Finance
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.
A court hearing is usually a short and narrowly defined proceeding in which you are not entitled to a jury. A judge conducts the hearing and makes a ruling. Depending on the kind of dispute you’re facing, you may find yourself in a hearing rather than a trial. For example, you’ll probably have a hearing if you are seeking an increase or a decrease in spousal or child support following your divorce or if you need to prove how much money you are entitled to after a defendant has failed to respond to your claims. This book’s advice is as pertinent to hearings as it is to trials. Many of the courtroom procedures and rules of evidence are exactly the same in a hearing as in a trial. And you still must offer evidence in a way that persuades the judge or hearing officer to rule in your favor.
Not surprisingly, this disparity in legal knowledge and skill on the part of pro se litigants produces a host of unique problems for the courts and the bar in general and, in particular, for trial counsel. Nevertheless, despite the many challenges they bring to the table, pro se litigants are here to stay, and their numbers are steadily growing. According to the National Center for State Courts, the number of pro se litigants in civil cases continues to rise, and there is every reason to believe this trend will continue. https://www.ncsc.org/. In fact, the number of annual non-prisoner pro se filings each year in federal courts alone tops about 25,000 and constitutes a significant section of the federal caseload. Jefri Wood, Pro Se Case Management for Nonprisoner Civil Litigation (Fed. Judicial Ctr. Sept. 28, 2016).
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,

Posner’s resignation is a powerful reminder of the challenges pro se litigants continue to face. His belief that pro se litigants are frequently mistreated in civil litigation and denied a full and fair opportunity to vindicate their claims is neither new nor limited to federal appellate courts.3 Numerous legal commentators have expressed similar concerns.4 Yet, though the belief that pro se litigants are underserved by the legal community is widespread, the full extent of the challenges they face in court is still only partially understood.
^ Kay v. Ehrler, 499 U.S. 432, 435 (1991), citing Gonzalez v. Kangas, 814 F. 2d 1411 (9th Cir. 1987); Smith v. DeBartoli, 769 F. 2d 451, 453 (7th Cir. 1985), cert. denied, 475 U.S. 1067 (1986); Turman v. Tuttle, 711 F. 2d 148 (10th Cir. 1983) (per curiam); Owens-El v. Robinson, 694 F. 2d 941 (3d Cir. 1982); Wright v. Crowell, 674 F. 2d 521 (6th Cir. 1982) (per curiam); Cofield v. Atlanta, 648 F. 2d 986, 987-988 (5th Cir. 1981); Lovell v. Snow, 637 F. 2d 170 (1st Cir. 1981); Davis v. Parratt, 608 F. 2d 717 (8th Cir. 1979) (per curiam).
 A. Your initial court date will  be  shown as the "Trial Date" near the top  of the complaint. If the defendant is not served with summons, the Judge will cause another summons (called an "alias summons") to be issued; a new  "Return Date", and a  new trial date will be shown on the complaint.  You are required to appear in court on the trial date even if you know the defendant was not served with summons, but you need  not bring your  witnesses. Your appearance is required so that  you may proceed with renewed efforts to serve the  summons.
The Legal Services Corporation 2009 report, Documenting the Justice Gap in America, confirms an increase in the number of civil pro se litigants. Due to a lack of government funding, few low-income people can address their legal needs with the assistance of an attorney. As a result, state courts are flooded with unrepresented litigants. To close the gap between the number of people who don’t have access to legal help and those that are lucky enough to work with a legal aid office, the report calls for increased legal aid funding from federal and state governments and private funders and recommends that lawyers contribute additional pro bono services. These developments may be spurred by the U.S. Supreme Court decision in Turner v. Rogers (2012), which suggested that civil court proceedings have to be fundamentally fair, that courts should create forms to help pro se litigants participate fully in the justice system, and hinted that at least in some civil cases, the government may have to provide free legal assistance to parties who cannot afford to hire a lawyer.
Books containing all of these rules should be available in a public law library. You may also want to purchase these books separately from the Clerk’s Office in the courthouse in which your case is filed, or from a legal bookstore, so that you can have them close at hand for reference as you read through this book and go to court. You can also find most court rules on the Internet. The information in Chapter 23 will help you start your search.
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]
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