The empirical findings in Parts II, III, and IV have a number of potentially important implications for the future of pro se litigation. However, before considering the policy implications, this Comment must reiterate the limits of this analysis. First, this analysis centers only on case outcomes. Further analysis—for example, a survey-based analysis that asks litigants how they feel after they went through the litigation process—may reveal substantial benefits stemming from pro se reforms that this study does not find. Second, this analysis shows only that the reforms highlighted throughout this analysis have not impacted case outcomes for nonprisoner pro se litigants on average across courts. However, it might be the case that certain courts have been much more successful in implementing these reforms than others, and this analysis masks those successes. Moreover, limitations on survey data, coupled with the fact that litigation frequently takes years to resolve, mean that most of the data analyzed in this
The BIGGEST mistake pro se litigants make is thinking they know more than they do, as a way of overcompensating for lack of confidence. False bravado can lead you into mistakes #2, #3, and #4 on this list and a whole lot more. You don’t bring a court reporter because you don’t feel you need one. You don’t do research because you don’t have time, and you think you know enough. You react to or challenge every lawyer trick because you believe, without any evidence, that it’s the best thing to do. You talk about admiralty law, not because you know anything about it or where it fits into your case, but because you heard someone talk about it. You file the wrong motions in the wrong situations. It’s important to know what you don’t know and act accordingly. Instead of talking about sovereign citizenship, talk about and use civil procedure. Rather than reacting to lawyer antics, judicial bias or a sense of unfairness, focus on your case. Learn it backwards and forwards, and then bring your court reporter. That’s how you win. See Sovereign Citizens Make Pro Se Litigants Look Silly for more about the “problem” with sovereign citizens.
1. If you don't know where your federal court is, look under "U.S. Government Offices ‹ U.S. Courts" in the blue or green pages of your phone book. When you find out which district court is yours, add it at the top of your pro se where it reads, "in the United States District Court for the [ ] district of [your state]." Don't worry yet about the Civil Action No. The clerk will give that to you at your district court office.
The BIGGEST mistake pro se litigants make is thinking they know more than they do, as a way of overcompensating for lack of confidence. False bravado can lead you into mistakes #2, #3, and #4 on this list and a whole lot more. You don’t bring a court reporter because you don’t feel you need one. You don’t do research because you don’t have time, and you think you know enough. You react to or challenge every lawyer trick because you believe, without any evidence, that it’s the best thing to do. You talk about admiralty law, not because you know anything about it or where it fits into your case, but because you heard someone talk about it. You file the wrong motions in the wrong situations. It’s important to know what you don’t know and act accordingly. Instead of talking about sovereign citizenship, talk about and use civil procedure. Rather than reacting to lawyer antics, judicial bias or a sense of unfairness, focus on your case. Learn it backwards and forwards, and then bring your court reporter. That’s how you win. See Sovereign Citizens Make Pro Se Litigants Look Silly for more about the “problem” with sovereign citizens.
116. A difference-in-differences analysis is an analysis that looks at two samples (here, EDNY pro se litigant outcomes and non-EDNY pro se litigant outcomes) and compares the difference in the average result between those two groups before and after a treatment. This analysis compares the difference between EDNY and non-EDNY pro se litigant outcomes before the pro se reform with the difference between EDNY and non-EDNY pro se litigant outcomes after the pro se reform. Non-EDNY in this analysis refers to all New York federal district courts other than EDNY: the Northern District of New York, SDNY, and Western District of New York. The treatment effect is the difference between these two differences—that is, the difference in differences. For more discussion of this methodology, see generally Marianne Bertrand, Esther Duflo, and Sendhil Mullainathan, How Much Should We Trust Differences-in-Differences Estimates?, 119 Q J Econ 249 (2004).
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.
Although this analysis focuses on case outcomes, those are by no means the only potential metric for analyzing the impact of pro se reforms. Another relevant, tangible measure is the length of proceedings. Pro se reforms have the potential to greatly expedite pro se proceedings, helping to ensure that litigants are able to move on with their lives as quickly as possible. Shortened proceedings are valuable in their own right without impacting case outcomes. Less tangibly, it may be the case that pro se reforms improve the litigation experience for pro se litigants and help ensure that they feel they have had a fair hearing in court. Increasing satisfaction with court proceedings is a significant benefit to litigants and also boosts the public perception of the legal system—both valuable outcomes that would not show up in the analysis below.100

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78. Civil pro se litigation by prisoners is heavily concentrated in two pseudocriminal types of proceedings: prisoner habeas corpus petitions (nature of suit code 530) and prisoner civil rights petitions (nature of suit code 550). For a more detailed description of these fields, see generally Integrated Data Base Civil Documentation (cited in note 77).


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).
Additionally, there is no obvious way to test the consistency or validity of these survey results. If different courts implemented substantively different reforms but mapped them to the same policies when answering the questionnaire, these results may underestimate the effectiveness of certain policies. For example, if one district court allowed pro se litigants to conduct extremely formal and limited communications with pro se clerks, while another district court allowed pro se litigants who showed up at the court to receive extensive counseling from pro se clerks, both district courts may report that they provided “direct communications with pro se clerks.”99 These two policies may be sufficiently distinct that they have very different influences on the outcomes of pro se litigation. The available survey data does not provide a reliable way to tease out these types of distinctions, and they are grouped together in the analysis below. Similarly, if overburdened district courts were simply sloppy in their survey responses, this methodology may in turn underestimate the results of these policies.
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.
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,:
Let the pro se party’s voice be heard. Individuals representing themselves at trial in civil litigation are often battling hardships on many fronts. Generally, they have found themselves in an unfamiliar and intimidating setting governed by a labyrinth of substantive and procedural rules, along with unwritten local customs and expectations. This maze can be challenging for even the most tested trial attorney. It is particularly daunting to pro se parties. Of course, it is frequently not by choice that pro se parties are in trial without the benefit of legal counsel. Whether they are acting as a plaintiff or a defendant, their status as a pro se party is many times forced by precarious financial situations. Moreover, the types of lawsuits in which pro se litigants are regularly involved—employment, professional malpractice, personal injury, whistleblower cases, and collections, to name a few—are often particularly rife with emotion and typically involve allegations of a sensitive, personal, and sometimes embarrassing nature. Indeed, these cases are often plagued by feelings of anger, resentment, pride, shame, and revenge. To make the situation even more challenging, pro se litigants frequently take the drastic step of representing themselves in civil litigation because they view themselves as victims of a wrong that must be made right, and they do not view as primary considerations the time and costs associated with redressing the wrong.
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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.
Massachusetts District Court and Prospects for the Future, 126 Harv L Rev 901, 914 n 57 (2013) (discussing a recent American Bar Association (ABA) recommendation to provide pro bono counsel to civil litigants in cases involving “direct threats to the provisions of basic human needs, including shelter”). The ABA has also recommended appointed counsel for cases involving sustenance, safety, health, child custody, or removal proceedings, highlighting the breadth of potential “basic needs” that some advocates believe merit the appointment of counsel in civil pro se litigation. See, for example, Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag, Refugee Roulette: Disparities in Asylum
Federal courts can impose liability for the prevailing party's attorney fees to the losing party if the judge considers the case frivolous or for purpose of harassment, even when the case was voluntarily dismissed.[56][57] In the case of Fox v. Vice, U.S. Supreme Court held that reasonable attorneys' fees could be awarded to the defendant under 42 U.S.C. Sec. 1988, but only for costs that the defendant would not have incurred "but for the frivolous claims."[58][59] Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the sanction.[60] Pro se still has a right to appeal any order for sanctions in the higher court.[61] In the state courts, however, each party is generally responsible only for its own attorney fees, with certain exceptions.[57]
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.

While the outcome gap between pro se and represented litigants does not necessarily prove that lack of access to counsel causes poor case outcomes for pro se litigants, it is easy to see how it motivates proponents of pro se court reforms or civil Gideon. Table 2C suggests that, whenever one of the parties is proceeding pro se, the likelihood that any final judgment will be registered for the other party is overwhelming. If one believes that a meaningful portion of pro se litigants have important rights that they are seeking to vindicate in court, it is likely they are not receiving adequate remedies under the current legal system.85


Slander (a form of defamation) is a wrongful act where someone makes a false statement of fact (defamatory statement) that injures the reputation of another. If you've been the victim of slander, you're entitled to pursue compensation for any resulting damages. In this article, we’ll provide an overview of the litigation process as it relates to slander claims.
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.
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.
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.

Know the Rules of the Road.  Before filing a lawsuit, you must carefully read your state’s code of civil procedure and the court’s local rules. If you also have federal claims and wish to file in federal court, then you must read the Federal Rules of Civil Procedure, as well as the particular district’s local rules. In addition, some judges have their own rules called local local rules. You must familiarize yourself with these rules as well.  

Another popular method of resolving disputes outside of court is mediation, which is generally less formal and less costly than arbitration. Mediation is a voluntary process in which you meet with your adversary in the company of a neutral third person, the mediator. The mediator has no power to impose a solution; rather, the mediator’s role is to facilitate settlement by clarifying each party’s position, encouraging cooper­ation, and suggesting possible solutions. Professional mediators charge for their services, typically by the hour. Normally, the parties split the mediator’s fee.
121. See Bloom and Hershkoff, 16 Notre Dame J L, Ethics & Pub Pol at 493–94 (cited in note 74). About 15 percent of civil cases were pro se cases in 1999, and a substantial percentage of those cases were prisoner pro se cases, so the percent of the docket comprised of nonprisoner pro se cases was relatively close to the typical 9 percent of the federal docket for the time period that Table 2A covers. Further, the bulk of those cases were civil rights cases, employment discrimination cases, and Social Security cases. The former two categories are also the most typical types of nonprisoner pro se litigation in this analysis, as Table 2D shows.

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.
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.
Amendments.15 The Sixth Amendment famously states that, “[i]n all criminal prosecutions, the accused shall enjoy the right to . . . the Assistance of Counsel for his defence.”16 The Supreme Court has clarified the scope of the right to counsel in criminal prosecutions through a series of landmark cases, gradually converting a guaranteed right to provide one’s own counsel into a right to
This is a nonprofit organization which provides low income people with representation in civil matters which constitute emergencies, such as loss of income, shelter, and medical care. In addition, this office has PA Legal Aid Network pamphlets which contain information on many legal situations such as divorce, custody, child support and foreclosure.
Clerk’s staff and judges in Brooklyn now refer pro se litigants to a new on-site center called the Pro Se Legal Assistance Project. There, a small legal staff from the New York City Bar Justice Center helps clients more effectively pursue their cases. The center assists with strategizing, document drafting and procedural guidance, but does not directly represent litigants in court.

According to the 1996 report on pro se by University of Maryland Law School, 57% of pro se said they could not afford a lawyer, 18% said they did not wish to spend the money to hire a lawyer, 21% said they believed that their case was simple and therefore they did not need an attorney.[47][48] Also, ABA Legal Needs Study shows that 45% of pro se believe that "Lawyers are more concerned with their own self promotion than their client's best interest."[47]

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