Contingency Fees. When representing people in personal injury cases, lawyers often take a percentage of the final judgment—often one-third, but varying depending on factors such as whether a case settles before trial—as their fee. Because you will try your own case, you will probably not use a contingency fee arrangement. If your coach suggests one, do not agree to give too high a percentage, since you will be doing most of the work.
As Tables 2.2 and 2.3 demonstrate, the presence of a pro se plaintiff or pro se defendant dramatically changes the dynamics of litigation. When both parties are represented and there is a recorded final judgment for either the plaintiff or the defendant, the plaintiff and the defendant each win roughly 50 percent of the time. When the plaintiff proceeds pro se, the plaintiff instead wins about 4 percent of the time. When the defendant proceeds pro se, the plaintiff wins 86 percent of the time. These differences are stark. A represented defendant will nearly always prevail over a pro se plaintiff in court. A represented plaintiff will win almost as consistently against a pro se defendant.
80. There are many factors affecting trends in prisoner pro se litigation that likely do not impact nonprisoner pro se litigation, such as the growth of the US prison population and concerns about the particular conditions and resources available to prisoners. For one discussion of prisoner pro se litigation, see generally Michael W. Martin, Foreword: Root Causes of the Pro Se Prisoner Litigation Crisis, 80 Fordham L Rev 1219 (2011).
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).
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.
Late in 2016 NYLAG opened a legal clinic for pro se litigants in the United States District Court for the Southern District of New York (SDNY) – one of a handful of federal district courts across the country seeking to make legal assistance available to the large number of civil litigants who come to federal court without an attorney by authorizing and funding an on-site legal clinic.
If you’re considering unbundled legal services, shop for your attorney with the same care as you would if you were hiring a lawyer to handle your entire case. That is, you need to investigate a lawyer’s qualifications, competence, and diligence. You also have to consider the cost of unbundled services, including the lawyer’s fee and additional expenses, such as fees for paralegals, investigators, and experts.
United States federal courts created the Public Access to Court Electronic Records (PACER) system to obtain case and docket information from the United States district courts, United States courts of appeals, and United States bankruptcy courts. The system, managed by the Administrative Office of the United States Courts, allows lawyers and self-represented clients to obtain documents entered in the case much faster than regular mail. Several federal courts published general guidelines for pro se litigants and Civil Rights complaint forms.
Some pro se litigants who are federal prisoners are subject to the Prison Litigation Reform Act. The American Civil Liberties Union (ACLU) has asserted: ""For over thirteen years, the Prison Litigation Reform Act has denied access to the courts to countless prisoners who have become victims of abuse, creating a system of injustice that denies redress for prisoners alleging serious abuses, barriers that don't apply to anyone else. It is time for Congress to pass legislation to restore the courts as a needed check on prisoner abuse." 54% of judges responding to a Federal Judicial Conference survey use videoconferences for prisoner pro se hearings.:29
It can be difficult to decide whether to represent yourself in a child custody or child support hearing. Take the time to give careful consideration to each of the factors mentioned above. Additionally, you should speak to a competent attorney with experience in child custody cases in your state. He or she can help you decide whether filing for custody pro se is a good decision, based on the facts of your case and your individual needs.
Privacy Requirements. Federal Rules of Civil Procedure 5.2 addresses the privacy and security concerns over public access to electronic court files. Under this rule, papers filed with the court should not contain anyone’s full social-security number or full birth date; the name of a person known to be a minor; or a complete financial-account number. A filing may include only the last four digits of a social-security number and taxpayer identification number; the year of someone’s birth; a minor’s initials; and the last four digits of a financial-account number.