People who can't afford a lawyer are a rebuke to the organized bar's monopoly over legal services, because that monopoly is morally--if not legally--justified only if the legal profession is able to provide affordable justice for all. The lawyer bias against the self-represented is a clear case of blaming the victim--even though for years, the ABA has admitted that 100 million Americans can't afford lawyers.
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

 D. Before trial,  the parties may be given an opportunity to meet  with a mediator appointed by the Judge to resolve their case. Mediators are volunteers; they try to help parties reach a friendly agreement. They are  not judges and do not make decisions. If the dispute is not resolved in mediation, the parties will proceed to a trial, usually on the same day.

Settle! Of course, given the unique obstacles involved with litigating against a pro se party—including the absence of the important buffer between the party and his or her emotions and, more times than not, unreasonable expectations—the key to trial success may be avoiding trial altogether! To that end, early alternative dispute resolution proceedings can be exceedingly beneficial. A neutral third party can often insert reasonableness otherwise lacking into the pro se party’s view of the strengths and weaknesses of the case.

I've been accused of overstating former Vice President Joe Biden's potential in the 2020 presidential primary. After all, he's a gaffe-prone septuagenarian who touts occupational licensing reform and maintaining our private health insurance industry. And he's in a Democratic Party led by a socialist who honeymooned in the Soviet Union and a 29-year-old former bartender who believes that "like, the world will end in 12 years" because of climate change.
8. Don't forget to fill out the Pro Se Motion to Commence an Action Without Payment. Each court has a different standard of who can afford to pay, and who can't. People on SSI typically do not have to pay any fees. People who work may be asked to pay as much as $150. It's important to keep this in mind when your group is deciding who will be the plaintiff. The plaintiff should outline exactly why he thinks he should not have to pay fees. Look at the enclosed copy for an example of a person's form who did not have to pay fees.
He said his interest in the law started 30 years ago when he was a teacher at Michigan City Area Schools and was in a battle with the district over a grievance. He felt one of the school's attorneys hadn't treated him fairly, telling him first he should go to arbitration and then claiming arbitration was illegal after they ruled in his favor, Vukadinovich said. Since then, he slowly started learning about the law, first reading a dictionary of legal terms and then moving on to books about the law.
This Comment furthers the legal community’s understanding of issues in pro se litigation by conducting an empirical analysis of pro se reforms in federal district courts. By comparing case outcomes for pro se litigants in district courts that have implemented these types of reforms with the outcomes of similarly situated pro se litigants in courts that have not implemented any reforms, this Comment provides an initial assessment of the impact of those reforms. The analysis reveals that thus far, a wide range of reforms undertaken by federal district courts have not significantly impacted case outcomes for pro se litigants. This analysis conflicts with the intuitions of the Supreme Court, commentators, and judges and clerks of district court offices, who have indicated their belief that these reforms are effective.
When cases go to trial before a judge, there is no reason to insist on formal procedures or evidence rules. The judge should facilitate each side's presentation as is done in small claims court, rather than sit back and make the parties present their cases under arcane rules that take years to master. This approach would not violate due process, because judges would base their decisions on competent and relevant evidence.
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.

Your Day in Court. This is a video clip from King County, Washington featuring Judge Mary Yu and Stephen Gonzalez.  Judge Yu explains the basic layout of the courthouse and Judge Gonzalez talks about courtroom procedure.  The information in this video is designed for pro se users of the King County court system but it is general enough that court users in any state can benefit from viewing it.
Settle! Of course, given the unique obstacles involved with litigating against a pro se party—including the absence of the important buffer between the party and his or her emotions and, more times than not, unreasonable expectations—the key to trial success may be avoiding trial altogether! To that end, early alternative dispute resolution proceedings can be exceedingly beneficial. A neutral third party can often insert reasonableness otherwise lacking into the pro se party’s view of the strengths and weaknesses of the case.
We will start with pro se. That's a Latin term meaning on one's own behalf and in a court setting it refers to persons who present their own cases without lawyers or other representatives. Now some people choose to act pro se because they have legal experience or they're otherwise very confident about their ability to convey their claim or their defence without any assistance. Other people may simply wish to avoid paying attorney's fees and the often exorbitant expenses associated with hiring a lawyer.
Fixed Fees. A fixed fee is a set fee for a particular project. For example, a lawyer may charge $500 to write your will. It is unlikely that an attorney will suggest a fixed fee to coach you through your whole case, because the lawyer will have little idea of the amount of work involved. But the lawyer may suggest fixed fees for particular services along the way. For example, you may find a lawyer willing to charge you no more than a specific sum of money to review and edit your complaint or to help you respond to your opponent’s interrogatories.

Handling Cases Involving Self-Represented Litigants: A Benchguide for Judicial Officers. (January 2007). Center for Families, Children, and the Courts. California Administrative Office of the Courts This comprehensive bench guide, the first of its kind, was designed to help judicial officers handle the increase in cases involving self-represented litigants. Twelve chapters of helpful suggestions are provided, along with sample scripts and checklists.

Table 4 suggests that, like the other pro se reforms that Part III considers, the pro se reforms in EDNY have not been effective in improving case outcomes for pro se litigants. The coefficient on the dummy variable indicating whether the EDNY pro se reforms were instituted is -0.59, and the 95 percent confidence interval suggests that there is some nonzero negative effect when no controls are instituted in the first model in column one.128 The results are similar for the second and third models except that, once all districts are controlled for, the negative impact of the reform is statistically significant. When dummies are introduced corresponding to the year of each case filing, this negative effect disappears and the fourth and fifth models indicate no statistically significant impact from the reform. Including the full set of controls for year and district, the 95 percent confidence interval suggests that the reforms in EDNY had an impact of somewhere between -0.43 percent and 0.51 percent on the win rates for pro se litigants, with a statistically insignificant mean estimated impact of 0.04 percent.129 These results suggest that pro se reforms were not effective at improving win rates for pro se litigants.

All jurisdictions have adopted rules regarding unbundled legal services. For example, most states follow the American Bar Association’s Model Rule of Professional Conduct 1.2(c), which provides that lawyers may limit the scope of their representation, as long as the limitations are reasonable under the circumstances, and the client gives informed consent.


The district chose not to renew Vukadinovich's contract soon after, and he blamed it on age discrimination and retaliation by the former Hammond principal. He also claimed Hanover violated his right to due process. Hanover Superintendent Tom Taylor, who was not in that position at the time of Vukadinovich's firing, could not be reached for comment.
63. As an example, pro se reforms could be counterproductive in a streamlined pro se office at a district court that consistently suggests dismissing pro se cases before a full hearing. For a more detailed discussion of entities that have called for civil Gideon rather than pro se trial court reform, and the contexts in which they have done so, see Greiner, Pattanayak, and Hennessy, 126 Harv L Rev at 906–07 (cited in note 47).

5. See generally, for example, Committee on Federal Courts of the New York State Bar Association, Pro Se Litigation in the Second Circuit, 62 St John’s L Rev 571 (1988) (suggesting solutions to combat an exploding pro se docket); Benjamin H. Barton and Stephanos Bibas, Triaging Appointed-Counsel Funding and Pro Se Access to Justice, 160 U Pa L Rev 967 (2012) (arguing that there are more cost-efficient approaches to improving pro se litigation than a constitutional right to counsel in civil cases because of the considerable resources that it would require).
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:)
Pro se litigants have been steadily increasing over the past decade. The right of an individual to represent his/her own cause has long been legally permissible, dating back to the birth of our nation and signed into law by our first president, George Washington. (Laws do exist, however, barring certain types of individual representation in order to protect the parties involved.)
Handling Cases Involving Self-Represented Litigants: A Benchguide for Judicial Officers. (January 2007). Center for Families, Children, and the Courts. California Administrative Office of the Courts This comprehensive bench guide, the first of its kind, was designed to help judicial officers handle the increase in cases involving self-represented litigants. Twelve chapters of helpful suggestions are provided, along with sample scripts and checklists.
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).

This is truly one of the worst books I have ever read. If he were alive, either Melville or I would be the target of a well-placed bullet. Irretrievably romantic, psychological, depressing and completely impractical, this work is beyond believability. So much is described in a tortuous introspection which, in reality, NO ONE ever contemplates before acting. A mysticism accompanies every motivation. He manufactures conflicts that, in a normal world, would never exist. An ...more


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.
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.

Section provides several tables that highlight the frequency of pro se litigants across different types of legal claims and show which specific case types most frequently feature pro se litigants. Despite the fact that roughly 10 percent of federal district court litigation involves a pro se plaintiff, some types of litigation very rarely involve pro se plaintiffs, while other types of cases are brought by pro se plaintiffs much more than 10 percent of the time. The story is similar for pro se defendants, though the variation is less dramatic because pro se defendants comprise only 2 percent of defendants in civil suits in federal district courts. Even in light of this variance, pro se litigants comprise a significant raw number of civil suits in all categories.
Traditionally, legal representation was an all or nothing deal. If you wanted to hire a lawyer to represent you in a civil case, the lawyer would carry out all the legal tasks that the case required. If you couldn’t afford to—or didn’t want to—turn your entire case over to a lawyer, your only alternative was no lawyer at all: You would be a pro se litigant, representing yourself and single-handedly completing all legal tasks, such as preparing pleadings and appearing in court.
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.
Most slander cases settle. This typically occurs before trial, by way of negotiations between you (or your attorney, if you are represented) and the defendant (or his or her attorney, if represented by one). Additionally, a case may settle through some form of alternative dispute resolution, such as mediation or arbitration. Occasionally, although rarely, the case may settle even before the complaint is filed because of a persuasively written demand letter.

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.


96. For a discussion from the early 2000s, see Bloom and Hershkoff, 16 Notre Dame J L, Ethics & Pub Pol at 488–97 (cited in note 74). To the extent that this is a risk, a follow-up study could be conducted by surveying the current practices of district courts and then using a similar method to the one employed in this Comment to check whether differences in current district court practices are impacting more recent outcomes for pro se litigants.
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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