Knowing ahead of time that you may encounter a hostile attitude is the best weapon against it. Read and study this book and other legal resources, many of which are available free online or in your local library. Learn how to prepare and present a persuasive case and follow the proper procedures for the Clerk’s Office and the courtroom. If you believe that court personnel at any level are being rude to you, be courteous and professional in ­return, even as you insist upon fair treatment. By knowing and following court rules and courtroom techniques, you can often earn the respect of the judge and the others who work in the courtroom. As a result, you may well find that they will go out of their way to help you.
Proponents and detractors within the civil Gideon debate disagree on how effective civil Gideon would be in improving case outcomes for pro se litigants. One reason for this is that commentators disagree about how effective Gideon itself has been at improving case outcomes for criminal defendants.50 Many of the reasons commonly given for the failure of Gideon, such as the political difficulty of allocating sufficient resources to defense lawyers and the high bar for claiming ineffective assistance of counsel, would likely apply with equal or greater force in the context of civil Gideon.51
Administrative law judges (often called “ALJs”) preside over administrative hearings. ALJs are typically appointed based on their expertise concerning the work of a ­particular agency. Most ALJs are not in fact judges; some may not even be lawyers. Moreover, administrative hearings typically take place in small officelike hearing rooms rather than in courtrooms, and no juries are present. Usually, indiv­iduals ­involved in administrative hearings represent them­selves. However, whereas only lawyers can represent people in court, agency rules usually allow nonlawyers called “lay ­representatives” to appear on behalf of individuals in administrative agency hearings. If you will participate in an admin­istrative hearing, you may want to prepare for it by at least conferring with a lay representative before the hearing takes place.
A longstanding and widely practiced rule prohibits corporations from being represented by non-attorneys,[17] consistent with the existence of a corporation as a "person" separate and distinct from its shareholders, officers and employees.[18] The Wisconsin Supreme Court has ruled that a "nonlawyer may not sign and file a notice of appeal on behalf of a corporation. Requiring a lawyer to represent a corporation in filing the notice does not violate the guarantee that any suitor may prosecute or defend a suit personally. A corporation is not a natural person and does not fall within the term "any suitor."[19][20][21]
For instance, assume that you want to ask for a jury trial and that your local rule requires a jury trial request to be made 30 days after the initial pleadings are filed. If you miss that deadline, you will not have a jury trial unless you go through a laborious process to request an extension of time to file your demand and the judge is willing to make an exception (but don’t count on it!).

Administrative law judges (often called “ALJs”) preside over administrative hearings. ALJs are typically appointed based on their expertise concerning the work of a ­particular agency. Most ALJs are not in fact judges; some may not even be lawyers. Moreover, administrative hearings typically take place in small officelike hearing rooms rather than in courtrooms, and no juries are present. Usually, indiv­iduals ­involved in administrative hearings represent them­selves. However, whereas only lawyers can represent people in court, agency rules usually allow nonlawyers called “lay ­representatives” to appear on behalf of individuals in administrative agency hearings. If you will participate in an admin­istrative hearing, you may want to prepare for it by at least conferring with a lay representative before the hearing takes place.

85. Although it’s difficult to pinpoint the factors most responsible for the unfavorable outcomes for many or most pro se litigants, some issues that many district judges cite in explaining the typical challenges of pro se litigants include: pro se plaintiffs’ lack of ability to write legally comprehensible pleadings or submissions, lack of ability to respond to legal motions in fruitful ways, lack of knowledge about relevant legal precedents, issues with timeliness in the legal process, and failure to understand the legal consequences of their actions. For a more complete list of issues that judges perceive pro se litigants face, see Stienstra, Bataillon, and Cantone, Assistance to Pro Se Litigants in U.S. District Courts at *21–23 (cited in note 11).
 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.

You can contact a lawyer referral service to be connected with an experienced lawyer in your area. In Chicago and Cook County, you can contact the Chicago Bar Association Lawyer Referral Service at (312) 554-2001 or https://lrs.chicagobar.org/. Outside of Cook County, you can contact the Illinois State Bar Association IllinoisLawyerFinder at (800) 922-8757 or https://www.isba.org/public/illinoislawyerfinder. 


Let’s say you go to court and a court reporter is not present. You argue very strong points against an attorney with weak ones. Despite both the law and facts on your side, you lose. Think an appellate court will understand what went wrong and overturn the ruling? Probably not. Appellate courts will find many excuses not to overturn a lower court ruling. Without a court reporter’s transcript, an appellate court will say that the lower court was in the best position to evaluate the arguments made. Then, they’ll let the lower court decision stand. A court reporter, on the other hand, creates an official record of proceedings that can be sent to the appellate court. In the lower court, the simple presence of a court reporter greatly curtails judicial bias and bad behavior from lawyers. With that, you have a better chance of getting a fair hearing. To learn more about the effect of court reporters on judges and lawyers see, A Court Reporter Stops All Foolishness.
 C. If defendant is not in court for the trial, an  "ex-parte" (meaning one-sided) judgment  may be entered. If  the judgment is not set aside by the Court (on a motion filed by defendant  within 30 days after the judgment is entered) it is open to collection, through supplementary  proceedings, summarized in  paragraph 18. If a defendant files a motion to vacate the ex-parte judgment within 30 days of entry, it will usually  be granted. To avoid additional court  appearances, the motion to vacate should include a request for immediate trial. Consult the Pro Se  Staff for additional information.
Forgoing the narratives of the sea that prevailed in his earlier works, Melville's later fiction contains some of the finest and many of his keenest and bleakest observations of life, not on the high seas, but at home in America. With the publication of this Library of America volume, the third of three volumes, all Melville's fiction has now been restored to print for the ...more
Understanding the procedures and techniques described here will help you present a persuasive, legally proper case whether you are a plaintiff (meaning that you have filed a lawsuit yourself) or a defendant (meaning that you have been sued). Illustrated with sample forms, pleadings, and courtroom dialogues, the book will take you through the litigation process step by step, from deciding whether you have a valid legal claim or defense to preparing an appeal if you lose.

“In little more than a year the clinic has built confidence in the justice system for many pro se litigants. Our legal staff and volunteers have been able to make the process less confusing for clinic visitors and guide them in the right direction, which improves their chances for satisfactory outcomes,” said Robyn Tarnofsky, the director of the clinic.


A number of commentators have trumpeted reforms at the trial court level geared toward assisting pro se litigants as a possible solution.8 These reforms usually aim to give pro se litigants access to resources and information that can help them successfully navigate the legal process, reduce their costs, or provide them with assistance from courts’ offices.9 Examples of reforms that have been implemented include providing pro se litigants with access to electronic filing systems that make it easier to file lawsuits and monitor proceedings, allowing pro se litigants to communicate with law clerks about their claims and proceedings, and publicly disseminating information about resources that may be available to pro se litigants through the court or third parties.10 Critically, these reforms can be implemented by the trial courts and their staff and do not require significant additional contributions from attorneys, clinics, or other legal institutions. Accordingly, these programs can help pro se litigants without diverting legal resources away from other causes, including indigent criminal defense. A large number of federal district courts have already implemented at least some of these procedural reforms aimed at helping pro se litigants.11
Try to answer questions on your own. Remember that you are hiring a legal coach, not a full-service lawyer. That means you need to do as much as you can by yourself and only turn to the coach when you are really stuck. By reading this book all the way through and consulting a nearby law library, you can answer many of your questions on your own. And those you cannot answer completely you can often narrow down.
Tables 2E and 2F, the final tables in this Part, examine how win rates for pro se litigants vary across different types of cases. The win ratios in Table 2E compare the probability of a plaintiff winning when both parties are represented to the probability of a plaintiff winning when the plaintiff is a pro se plaintiff but the defendant is represented. In the column “Plaint Rep’d / Plaint Pro Se,” the number 2.0 would mean that plaintiffs win twice as often when both parties are represented as compared to cases in which the plaintiff is pro se. The higher the number, the better represented litigants fare relative to pro se litigants.
Narrow exceptions to this principle have also been suggested by other courts in the United States. For example, according to one district court a state-licensed attorney who is acting as pro se may collect attorney's fees when he represents a class (of which he is a member) in a class action lawsuit,[53] or according to another court represents a law firm of which he is a member.[54] In each of those instances, a non-attorney would be barred from conducting the representation altogether. One district court found that this policy does not prevent a pro se attorney from recovering fees paid for consultations with outside counsel.[55] Pro se who are not state-licensed attorneys cannot bring up a class action lawsuit.[22]
Some states have just one kind of trial court, which hears all sorts of cases. In Illinois, for example, circuit courts hear all kinds of disputes. In other states, by contrast, cases that involve less than a certain dollar amount may be tried in one type of court (municipal, city, or justice court, for example), while larger cases go to another type of court (superior, county, or circuit court, for example).
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.

One important takeaway from this Comment, related to the limitations described above, is the importance of additional studies into the effectiveness of other reform measures, especially reform measures undertaken in courts other than federal district courts. As previously mentioned, other courts throughout the country have experimented with ways to help pro se litigants.130 Although the particular reforms analyzed here appear to have been ineffective, other reforms undertaken by other courts might achieve better results. With sufficient empirical legwork, successful reforms can be identified, and other courts can learn from those successes. Although courts likely attempt to learn from each other’s practices, without empirical validation of these techniques, there’s a risk that the blind are leading the blind. More empirical studies could help show the way.
The employees of the Prothonotary's Office are not attorneys, and they are not permitted to give legal advice or show you how to process your case. Some court staff may not know the answers to all questions about court rules, procedures and practices, and because we do not want to give you incorrect information, we will not answer questions if we do not know the correct answer.
litigant’s interest in personal liberty, not the general interests of litigants in vindicating legal rights, was the critical question in determining whether the litigant has a right to counsel.39 Accordingly, in a blow to civil Gideon activists, the Supreme Court held that there was a “presumption that there is no right to appointed counsel in the absence of at least a potential deprivation of physical liberty,” signaling the Supreme Court’s reluctance to extend the right to counsel to civil litigants.40 Lassiter remains good law.

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.
[p]ro se litigation is difficult for us to handle at least in part because it doesn’t fit into the neat box of our traditional system of litigation, the adversarial method of resolving disputes. That system assumes that the parties know the law, are adept at procedure and the rules of evidence, and can marshal significant facts, present their side of the case to the factfinder thoroughly and lance the arguments of the opponent. But pro se litigants are capable of little if any of that.
Some districts of the United States Federal Courts (e.g., the Central District of California) permit pro se litigants to receive documents electronically by an Electronic Filing Account (ECF), but only members of the bar are allowed to file documents electronically.[12][13] Other districts (e.g. the Northern District of Florida) permit "pro se" litigants to file and receive their documents electronically by following the same local requirements as licensed attorneys for PACER NEXT GEN qualifications and approval for electronic use in particular cases; an order of the assigned Judge on a pro se motion showing pro se's qualifications may be required.[14]
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