Any waiver of the right to counsel must be knowing, voluntary, and intelligent.  The Faretta court stated that "a defendant need not have the skill and experience of a lawyer, but should be made aware of the dangers and disadvantages of self-representation, so that the record will establish that he knows what he is doing and "the choice is made with eyes open."  See Faretta.  In 2004, the Court acknowledged that it has not prescribed any formula regarding the information a defendant must possess in order to make an intelligent choice.  See Iowa v. Tovar, 541 U.S. 77 (2004).  According to the Court, determining whether a waiver of counsel is intelligent depends on "a range of case-specific factors, including the defendant's education or sophistication, the complex or easily grasped nature of the charge, and the stage of the proceeding."  See Tovar.
133. For example, this Comment does not consider how many resources would be required to enact civil Gideon nor whether they could be better used elsewhere. It also does not consider whether civil Gideon itself would be effective at improving civil pro se outcomes. While the experimental literature discussed earlier suggests that access to counsel improves case outcomes for pro se litigants, it is unclear whether a similar quality of counsel would be provided in a civil Gideon world. Indeed, the success of Gideon in the criminal context is a hotly debated subject, with many scholars considering it a disappointment. For an example of a scholar who considers Gideon a disappointment, see generally Erwin Chemerinsky, Lessons from Gideon, 122 Yale L J 2676 (2013).
There are several important limitations to using this data. First, the exact date of the survey is unclear and, relatedly, the exact dates that each district court responded that it was employing or not employing these procedures is uncertain. The analysis is conducted using cases filed between 2008 and 2010. Accordingly, if a large number of district courts altered their policies shortly before this survey was conducted or if the survey was conducted substantially before the survey was published, it’s possible that this analysis would undercount the effects of those policies. In either of those scenarios, the full consequences of these reforms might not be seen in the 2008–2010 data sample. However, there is no information suggesting that either possibility is reflected in reality. Courts and commentators have been discussing and attempting to solve the challenges of pro se litigation for decades and implementing reforms for at least a decade; it seems unlikely that they all started implementing these solutions immediately prior to the survey.96

But this passage reminds us of the continuing tradition of morning dress for the Solicitor General’s office before the Supreme Court. If it already looked stupid in 1948, it definitely looks stupid now. Adhering to tradition for the mere sake of tradition is small-minded. After Elena Kagan dumped the practice — since wearing what is essentially a tuxedo is less than flattering for a woman — there was some reason to believe it would join powdered wigs in the dustbin of American legal history. No such luck.
Accept all complaints, petitions and responses filed, in whatever form, and create user-friendly forms. Among the most obvious of barriers to equal access are rules governing the form of the papers people need to start a lawsuit or defend themselves if they are sued. Complicated pleading rules definitely operate to deny equal access. In fact, a simple plain-English statement of claim (as is used in many small claims courts) or a fill-in-the-blanks, check the boxes type of complaint form used in California courts is all that's needed in most common kinds of cases. Later, the legal and factual issues can be sorted out by a mediator or judge. The Superior Court of Maricopa County has created a number of easy-to-use forms for its Family Court, and by all accounts, people are able to handle them with little help from court personnel.
Over 90% of all lawsuits are resolved without a trial. If you and your adversary can arrive at a fair resolution without going to trial, you can save yourself time and money. By showing you how to prove and disprove legal claims, this book can help you arrive at a fair resolution of your dispute using settlement procedures. For a complete discussion of settlement, see Chapter 6.
Many lawyers routinely ask clients to pay a “retainer”—a deposit or advance fee—that is kept in a trust account and used as services are provided. Your legal coach may ask for a retainer in order to see that you are serious and have the money to pay. However, you shouldn’t be expected to come up with a large amount of money, because you do not plan on running up high legal bills. A fee of more than $500 is excessive, especially before you know whether the legal coach relationship is really working out.
Pro Se One Stop Legal Document Services, LLC is a non-lawyer document preparation service dedicated to saving you time and money with your legal matters and helping you to avoid unnecessary attorney’s fees. We are not attorneys and we do not offer legal advice, but we do provide high quality legal document preparation services with a high attention to detail in various areas, predominantly family and civil matters. We are conscientious of our customer’s unique, individual needs and differing scenarios.
In the same vein of using your body, working out--even for just ten minutes a day-- can do wonders for clearing up your mind. When we work out, as I'm sure you know, our bodies emit endorphins that allow us to feel happy--even if we can't explain why. If you don't have time to squeeze in a full-body workout or some substantial cardio that day, just do a couple jumping jacks or take a brisk walk around the block. How much better--and more confident--you feel will amaze you.
 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 Connecticut Supreme Court narrowed criminal defendant's right to self representation, stating that "we are free to adopt for mentally ill or mentally incapacitated defendants who wish to represent themselves at trial a competency standard that differs from the standard for determining whether such a defendant is competent to stand trial". A Senior Assistant State's Attorney explained that the new standard essentially allows judges to consider whether the defendants are competent enough to perform the skills needed to defend themselves, including composing questions for voir dire and witnesses.[27][28]

 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.
Tables 1.1 and 1.2 demonstrate that a large proportion of clerks’ offices and chief judges at district courts believe that pro se reform measures are helpful to nonprisoner pro se litigants.71 For example, the majority of clerks’ offices surveyed in the FJC Survey believe that making information and guidance tailored to pro se litigants readily available is one of the most effective measures for helping nonprisoner pro se litigants. The vast majority of responding chief judges believe handbooks and standardized materials are helpful, and about 25 percent of chief judges surveyed believe that personal assistance by the clerk’s office staff is helpful to pro se litigants. Often, these handbooks and standardized materials are extensive. For example, the Northern District of Illinois’s website currently has a thirty-five-page generalized handbook advising pro se litigants72 and specific instructions and forms for how to handle civil rights, employment discrimination, and mortgage foreclosure cases.73

The disdain by federal judges against pro se litigants is a serious problem in our country, which the Supreme Court and Congress should rectify. Perhaps some judges have seen too many frivolous pro se lawsuits for their liking. Surely many such lawsuits are not meritorious, and the majority are brought by prisoners. Perhaps this is why some judges read only as far as " pro se" before rolling their eyes.


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
Once convicted, a prisoner no longer has the right to a public defender. Motions for post conviction relief are considered civil motions. Brandon Moon is an example of an unsuccessful pro se litigant who became successful when his case was taken by a lawyer. Moon's case was taken by the Innocence Project, and he was released after 17 years in jail for a rape that he did not commit.[50]
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.
136. See Civil Cases Filed, Terminated, and Pending from SY 1988 to Present (Federal Judicial Center, 2017), archived at http://perma.cc/Y4CY-MVG5. Note that the data is not available for download from the Perma link. For the most recent data, see Civil Cases Filed, Terminated, and Pending from SY 1988 to Present (Federal Judicial Center, 2018), available at http://www.fjc.gov/research/idb/civil-cases-filed-terminated-and-pending-
The Sixth Amendment guarantees criminal defendants the right to representation by counsel.  In 1975, the Supreme Court held that the structure of the Sixth Amendment necessarily implies that a defendant in a state criminal trial has a constitutional right to proceed without counsel when he voluntarily and intelligently elects to do so. See Faretta v. California, 422 U.S. 806 (1975).  Thus, an unwilling defendant may not be compelled by the State to accept the assistance of a lawyer.  A defendant's right to self-represenatation in federal criminal proceedings is codified in 28 U.S.C. § 1654. 
Many pro se resources come from these sources: local courts, which may offer limited self-help assistance;[62] public interest groups, such as the American Bar Association, which sponsors reform and promotes resources for self-help[citation needed], and commercial services, which sell pre-made forms allowing self-represented parties to have formally correct documents. For example, the Self-Represented Litigation Network (SRLN) is an organization whose web site, srln.org, is dedicated to issues related to self-represented litigation and offers a curated resource library for legal professionals (courts, lawyers, and allies) engaged in pro se litigation. The organization provides no assistance with particular complaints.[63] "Self-help" legal service providers must take care not to cross the line into giving advice, in order to avoid "unauthorized practice of law", which in the U.S. is the unlawful act of a non-lawyer practicing law.[64]
There’s no way to avoid it: If you represent yourself in court, you’re going to run into a lot of unfamiliar legal terminology. This book tries to translate the most common jargon into plain ­English. For quick refer­ence, check the glossary at the back of the book. You can find more plain-language definitions in Nolo’s online legal dictionary, available for free at www.nolo.com.
7. At least some commentators have expressed concern that allocating more legal resources to pro se civil litigants might take away from resources needed for indigent criminal defense. See Barton and Bibas, 160 U Pa L Rev at 980–81 (cited in note 5). It is important, however, to recognize that legal resources also may trade off with nonlegal resources, and an analysis accounting for these trade-offs may make the economics of expanded legal resources for pro se litigants look more attractive. Additional money spent on lawyers or pro se assistance might be more economical than it first appears if, for example, additional state spending in an eviction or wrongful termination proceeding saves the government from paying for homeless shelters or welfare assistance at a later date.
95. Data is unavailable for three policies: procedural assistance by clerk’s office staff members as part of their regular duties, appointment of counsel to represent a pro se litigant for the full case, and appointment of counsel to represent a pro se litigant in limited circumstances. See id. Although it would be interesting to conduct an analysis similar to that conducted in the following Section for each of these policies, there is no obvious reason that the absence of this data would undermine any of the following results beyond the fact that an analysis similar to that conducted below could conceivably come to different conclusions for those policies.
Reaching out to people close to us, even if just for a quick chat, is a great way to remember our vast self-worth. While it's not right to seek validation through others, it is definitely helpful to spend time with those who make us feel loved. People like this include our closest friends, our family, and our significant others. Feeling that you deserve the companies of others is an essential step in developing love for yourself.

Now most pro se litigants are at a disadvantage in contested litigation. It may be awkward or inappropriate for them to appear both as counsel and as a witness. They're deprived of the judgment of an independent third party in framing the case, in evaluating how to present the evidence and in forming legal arguments and also in making sure that it is reason rather than emotion that steers how the case is conducted. That's why Judges sometimes warn a party who is proceeding pro se of the old saying that anyone who represents himself in court has a fool for a client and an ass for an attorney.
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.
We have written another book that can help if you or someone you know has been arrested or accused of a crime and is facing possible criminal charges. It’s called The Criminal Law Handbook: Know Your Rights, Survive the System (Nolo). While that handbook does not recommend self-representation in criminal cases, it can be a tremendous resource at a time you need solid, trustworthy information.
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.
83. Table 2C simply removes cases classified as “Missing/Unknown” or “Both” from Table 2B and recalculates the percentages. All analyses of cases reaching final judgment in this Comment focus on the subset of case dispositions that commonly reach final judgment. Cases dismissed for want of prosecution, that settle, or that otherwise do not typically receive entry of final judgment on resolution are excluded from these analyses. For more discussion of the calculation methodology, see Appendix: AO Data Processing.
With that said, some breaches of procedure by a pro se litigant are important, while others are not. To navigate these inevitable breaches to the benefit of a client, counsel must determine how the court generally views such breaches and take steps to ensure the court understands when the breaches are material (e.g., the breach prejudices a party unfairly). However, even potentially armed with such knowledge, the court may have a “tendency to stretch or ignore the procedural rules in the pro se litigant’s favor.” Id. at 50. While counsel can continually remind the court that the pro se litigant must be held to the same standard as an attorney, “some courts may still regard procedural breaches as relatively unimportant.” Id. Thus, it becomes imperative “to convince the court that the procedural breach is a serious matter.” Id. In other words, counsel must educate the court in both a succinct and compelling way—whether through an oral objection or appropriate written means—that the pro se litigant’s procedural failure is unduly prejudicial to counsel’s client, the court, the administration of justice generally, or some or all of these.
How does it work? I attended a meeting with a group of advocates from across Pennsylvania, and Steve Gold, the attorney who designed this Pro Se, told us about filing our own lawsuits. Once I learned how to use it, I was ready for action, I couldn't wait to do my first case. My success rate since I began to use the Pro Se form has been 100%: all public accommodations served with papers under the Pro Se method have made their places accessible.
The regression is run with five different sets of specifications. The first regresses outcomes against a dummy for whether the case took place with EDNY reform; the second model adds a dummy variable indicating whether each case took place in EDNY; the third model adds dummy variables indicating which district court each case was filed in; the fourth adds dummy variables for the year the case was filed (but removes the district dummy variables); and the fifth model includes dummy variables for both the year and district for each case.126

There are some notable records of pro se litigants winning more than $2,000 as plaintiffs: Robert Kearns, inventor of the intermittent windshield wiper who won more than $10 million from Ford for patent infringement; Dr. Julio Perez (District of Southern New York 10-cv-08278) won approximately $5 million in a federal jury trial from Progenics Pharmaceuticals for wrongful termination as a result of whistleblowing; Reginald and Roxanna Bailey (District of Missouri 08-cv-1456), a married couple, who together won $140,000 from Allstate Insurance in a federal jury trial; George M. Cofield, a pro se janitor, won $30,000 from the City of Atlanta in 1980; and Jonathan Odom, a pro se prisoner, who while still a prisoner, won $19,999 from the State of New York in a jury trial.[42][43][44] Timothy-Allen Albertson, who appeared in pro. per., was awarded $3,500 in 1981 in a judgment by the San Francisco Municipal Court entered against the Universal Life Church for defamation by one of its ministers.[45]
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