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.
Gideon, the movement has generally focused on providing counsel for indigent parties in proceedings involving threats to their basic needs.47 From the movement’s inception, commentators have been divided over the merits of civil Gideon. Advocates have put forth a number of arguments in favor of civil Gideon. They have argued that representation in civil litigation secures constitutional rights to due process and equal protection of law, is necessary to ensure fair trials, is “sound social policy,” and helps ensure more consistent outcomes for defendants.48 Critics have countered with both direct refutations and alternative suggestions. They have argued that Gideon wasn’t that effective in aiding criminal defendants, so civil Gideon would not be either; civil Gideon would be ineffective notwithstanding the effectiveness of Gideon; civil

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.

Of course a pro se litigant can prevail. The Judges, particularly in the family part, routinely have pro se litigants appear before them. The Judge does not determine matters based upon who has an attorney and who does not. The Judge determines matters based upon the facts and proofs presented. Some pro se litigants can be very effective and others are not. If you are not comfortable or need guidance as to what should/should not be included/presented, you would be wise to consult with an attorney with expertise in that area of law.
There is every reason to believe that the number of pro se litigants involved in litigation in federal and state courts will continue to rise in the coming years, especially given the courts’ focus on increasing access to pro se parties. Along with this increase, the challenges facing the judicial system and trial counsel involving unrepresented parties will continue to rise, requiring increasingly careful consideration. However, armed with the best practices, trial counsel can help alleviate some of the challenges both sides of the aisle face.
From an initial look at Figure 1, no meaningful change in the outcomes of pro se litigation in EDNY appears in the years following the creation of the pro se magistrate’s office. Instead, for all district courts in the New York area, there is seemingly considerable variance in case outcomes on a yearly basis, with pro se litigants performing very similarly on average in both sets of districts before and after the pro se reform. However, Figure 1 does reflect the possibility that the percent of cases won by pro se plaintiffs in the other New York district courts trended downward more than in EDNY. But this is uncertain. With the exception of 1999, the win rates of pro se litigants are relatively similar in EDNY to New York’s other district courts.
Does my ex have a child custody lawyer? Although the justice system permits parents to represent themselves, we often advise parents to reconsider self-representation if the other parent will be represented by counsel. Parents represented by counsel could be in a more advantageous position. An attorney who understands family law will have specific knowledge that a lay person may lack.
There is good reason to believe, however, that there are not major omitted variable issues in this data. There are three potential omitted variables that are important to address here, but none seems likely to be a confounding factor in this analysis.103 One key possibility is that district courts that have implemented more pro se reforms may differ from other district courts in that they have dockets with more (or fewer) pro se litigants. However, previous analysis suggests that is not the case.104 Another potentially important consideration is whether pro se reform is concentrated in a few district courts. But approximately 90 percent of district courts have implemented at least some services for nonprisoner pro se litigants, so this does not appear to be the case either.105 Finally, it could be the case that district courts typically implement either none or many of these reforms. However, similar numbers of district courts have implemented one, two, three, and four programs and procedures to assist pro se litigants;106 accordingly, there is no apparent all-or-nothing problem either.107 While this Comment does not claim that these are all of the potentially important omitted variables,108 it does seem that district court reform is a widespread practice used in different ways throughout those courts, suggesting that it is ripe for the type of analysis conducted here.109
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.
48. Andrew Scherer, Why People Who Face Losing Their Homes in Legal Proceedings Must Have a Right to Counsel, 3 Cardozo Pub L Pol & Ethics J 699, 701–03 (2006). See also, for example, Ramji-Nogales, Schoenholtz, and Schrag, 60 Stan L Rev at 384 (cited in note 47). The arguments in these articles focus on civil litigation regarding housing or immigration, but the arguments hold more generally when a party’s ability to vindicate important interests is at stake.
Next, Table 2F compares the probability of a plaintiff winning when both parties are represented to the probability of a plaintiff winning when the plaintiff is represented but the defendant is a pro se defendant. In the column, “Def Rep’d / Def Pro Se,” the number 0.5 would mean that plaintiffs win half as often when both parties are represented as compared to cases in which the defendant is pro se. The lower the number, the better represented litigants fare relative to pro se litigants.88
Our mission is to arm our customers with their own legal knowledge and instill a sense of confidence and security in navigating the pro se legal journey. Involvement in a lawsuit, whether brought by you or against, can be a very intimidating, emotional and overwhelming endeavor. Pro Se One Stop Legal Document Services, LLC offers personalized, one-on-one services to allay your fears and arm you with the knowledge to handle your own legal matters with utmost confidence. You will work very closely and personally with your legal document specialist to achieve your goals.
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:)
My question is: Can I serve my soon to be ex-wife a Discovery request even though I’m pro se and representing myself? I was served with a request from her attorney after our hearing for temporary alimony and child support and I want to counter act with a request as well. Her attorney is taking full advantage of my pro se circumstances and incompetent knowledge of divorce law as she should. I don’t want this to be an easy win for her when I have evidence that can work in my favor. I just need to find the best way to get it in front of the judge without being bullied in the court room. I don’t know my rights as a pro se litigant and I need as much advice as possible. I picked up her financial affidavit from the clerks office and she’s leaving out a lot of income that needs to be uncovered in my case. The issue is being overwhelmed by all of her attorney deadlines and demands which sidetracks my course of action to respond in my defense appropriately.
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).

132. See generally D. James Greiner, Dalié Jiménez, and Lois R. Lupica, Self-Help, Reimagined, 92 Ind L J 1119 (2017). It is difficult to synthesize their conclusions into a simple path toward providing pro se litigants with effective assistance, but they emphasize in particular the need for breaking legal problems down into their constituent components, including mental, psychological, and cognitive issues, as well as identifying and implementing relevant research from nonlegal literature to address those problems. They emphasize in particular that often the “relevant tasks have little to do with formal law.” Id at 1172.
132. See generally D. James Greiner, Dalié Jiménez, and Lois R. Lupica, Self-Help, Reimagined, 92 Ind L J 1119 (2017). It is difficult to synthesize their conclusions into a simple path toward providing pro se litigants with effective assistance, but they emphasize in particular the need for breaking legal problems down into their constituent components, including mental, psychological, and cognitive issues, as well as identifying and implementing relevant research from nonlegal literature to address those problems. They emphasize in particular that often the “relevant tasks have little to do with formal law.” Id at 1172.
This response is not to be construed as legal advice and is provided for educational purposes only. This response does not create an attorney/ client relationship. The response provides general legal information and education. This response does not address any specifics concerning this inquiry, as the inquiry as written may have omitted details which would make the reply unsuitable. The inquirer is strongly encouraged to consult with an attorney in his or her own state to acquire more information about this issue. Licensed to practice in New Jersey and Pennsylvania.
Why file a Pro Se complaint? As the chair of an advocacy group called the Disability Action Crew (DAC), I have lots of information to help others advocate for access. With every question I get asked about advocacy, it seems I often end up with more questions that go unanswered. It's like a coach trying to beat a team that makes all the rules as the game goes along. He's out there, he's trying to win, but every time he goes for the goal there's a different set of rules. Advocacy's like that‹we don't know the rule of winning access until we break them. And we look to authorities for the answers: the DOJ, the EEOC, the HRC, the DOT.
102. The types of cases that typically result in final judgment, and are evaluated here, are cases that are disposed of following judgment on default, consent, motion before trial, jury verdict, directed verdict, court trial, arbitral award, or other resolution. Cases disposed of via transfer or remand or dismissed due to settlement, voluntary dismissal, lack of jurisdiction, or want of prosecution are discarded in this analysis.

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
Many states have amended their court procedures to make litigation less of a challenge for self-represented parties. For example, the New York State Courts’ “eTrack System” allows civil litigants to file court papers electronically, sign up for free reminders about court appearances, and receive e-mail notifications whenever a court updates their case file. New York has also established a website that contains information about legal procedures, a glossary and court forms. Visit www.nycourthelp.gov.
Congress also has a role. In extreme cases it has the power to remove judges, of course. But short of that, it can at least underscore the seriousness of the rights it established for litigants in the Judiciary Act. Whether through binding or nonbinding language on the topic, Congress can make clear that complaints about violations of the rights of pro se litigants must be taken very seriously by judicial councils.

Aside from her family appellate matters, Christa has also been successful in small claims. In 2017 Christa brought a pro se complaint against an auto body repair shop after it made faulty repairs to her vehicle. The shop hired an aggressive attorney, but Christa successfully pushed the case to a settlement for the full amount of her claim. Although Christa cannot and will not offer legal advice, she genuinely engages with her clients, is always happy to lend a listening ear and to share her own pro se experiences. Christa encourages her customers to educate themselves of the system and the laws which she believes results in an empowered and confident pro se litigant.  

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To process this dataset, first I eliminated all cases filed before January 1, 1998; the analysis in this Comment considers only cases filed after that date. After that, I dropped the following sets of cases: all cases from non-Article III district courts; all cases with a “local question” as the nature of the suit; all cases that are currently still pending and lack a termination date; all cases that have missing values for the case disposition; all observations that have missing values for the nature of the suit; a variety of cases that have a nature of suit variable indicating that the suits are of a peculiar or inconsequential variety;138 certain categories of suits that have the government as a party;139 and cases that are typically filed by prisoners and are considered “prisoner pro se litigation.”140
Variations Possible.  A form may call for more or less information than a particular court requires.  The fact that a form asks for certain information does not mean that every court or a particular court requires it.  And if the form does not ask for certain information, a particular court might still require it.  Consult the rules and caselaw that govern in the court where you are filing the pleading.
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