Unless you are in court regularly, you may not know how a case proceeds from initial filing through trial. Therefore, this book also provides you with background information about what you will see—and what you need to do—when you enter the courtroom where your case will be heard. You will learn where to file your court papers; how to subpoena witnesses (order witnesses to come to court and testify); the functions of a courthouse Clerk’s Office and a courtroom clerk; and the powers and duties of all the personnel who typically carry out courthouse business, including bailiffs, court reporters, interpreters, attorneys, jurors, and judges.
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
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 information contained in this email and the supporting attachments provided by ProAdvocate Group are for educational purposes only. Although we have performed extensive research regarding legal principles, our trustees, officers and supporting staff of ProAdvocate Group are not licensed members of the State Bar of Texas. Information provided by members of ProAdvocate Group should not be considered a substitute for the advice of a licensed attorney in handling your legal affairs.
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.
Utah’s Standards of Professionalism and Civility state that “Lawyers shall adhere to their express promises and agreements, oral or written” (Standard 6). Standard 13 states, “Lawyers shall not file or serve motions, pleadings or other papers at a time calculated to unfairly limit other counsel‘s opportunity to respond, or to take other unfair advantage of an opponent, or in a manner intended to take advantage of another lawyer‘s unavailability.”
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.
I've been accused of overstating former Vice President Joe Biden's potential in the 2020 presidential primary. After all, he's a gaffe-prone septuagenarian who touts occupational licensing reform and maintaining our private health insurance industry. And he's in a Democratic Party led by a socialist who honeymooned in the Soviet Union and a 29-year-old former bartender who believes that "like, the world will end in 12 years" because of climate change.
Encourage lawyer coaching. Many self-represented litigants are willing to pay lawyers to coach them through their cases--that is, give them information about the ins and outs of court and the substantive issues--without taking the case over. Yet, few lawyers are willing to enter into this type of relationship because of ethical concerns about participating in a case they don't control, and fear of being held liable for issues that are beyond the scope of the coaching relationship. The organized bar should address these concerns by:
During my 17 years with Nolo Press, the nation's leading publisher of self-help law books, I have spoken with countless competent people, including many who excelled in demanding occupations--physicians, architects, teachers, dentists, inventors, physicists--who, when using Nolo books to handle their own cases, were treated like stupid children by clerks and judges. To a person, they thought they finally understood what it must often be like to be an African-American in our society. That their perception of bias was objectively accurate cannot be doubted in the face of that most deeply insulting bromide, so popular with lawyers: "He who represents himself has a fool for a client."
There are a few potential omitted variables that this analysis is unable to capture. One possible issue is changing caseloads in each district over time. If the composition of EDNY’s pro se docket shifted in a different way than New York’s other district courts in the years surrounding the reform, that may hide the impact of EDNY’s reforms. Another possibility is that noncourt legal actors may have changed their strategies in response to EDNY reforms. If, for example, outside legal aid clinics started shifting their resources to non-EDNY courts in response to this reform, possibly because those clinics knew that pro se litigants would receive adequate assistance in EDNY due to the reforms, that may also mask the impact of these reforms in EDNY. Finally, because this analysis compares the outcomes of pro se litigation in EDNY with outcomes of pro se litigation in the other New York district courts, if those district courts also made improvements to the pro se litigation process during this time period, the analysis might understate the effect of the EDNY reforms.
61. See, for example, Drew A. Swank, In Defense of Rules and Roles: The Need to Curb Extreme Forms of Pro Se Assistance and Accommodation in Litigation, 54 Am U L Rev 1537, 1583–93 (2005) (arguing that, by playing an active role in the litigation process, a judge becomes an interested party and may become biased—which violates the ideal American judicial role of a “neutral referee”—and may be unfairly advantaged if they are excused for procedural mistakes while represented litigants still bear the costs of procedural mistakes their lawyers may make).
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
“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.
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.
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.
Await Defendant's Answer. After being served with the complaint, the defendant will have a prescribed amount of time to file an answer. In California, a defendant usually must file a written response within 30 calendar days of being served. In Federal Court, a defendant only has 20 days. A defendant’s answer will typically include defenses, such as truth or expiration of the statute of limitations.
“I’m assuming you’re a lawyer, my friend. So I’m curious about your language and the notion that our commentary here represents “far more” of a disservice to pro se litigants than do lawyers. You’ve got a pretty low opinion of your profession.” See, this is exactly the kind of crap I’m talking about, and what’s worse is that you can literally read the entire entry that I wrote and see that I did NOT write that the commentary here represents more of a disservice to pro se litigants than lawyers do a disservice to pro se litigants. However, this entire article is rife with misrepresentations. You give a false definition of litigation privilege. You call normal parts of litigation lawyer’s tricks, like requests to admit (which are in state rules of civil procedure, and pro se litigants can send requests to admit, too). What you call lawyer’s crap in negotiations is just what you have to expect in a negotiation whether or not you’re a lawyer. Your description of stare decisis is deceptive: appellate courts don’t “give excuses” for not overturning lower court’s decisions. I mean, I get it: if you didn’t feed this David-and-Goliath complex, you wouldn’t have a marketing angle. I don’t think that pro se litigants can’t handle small cases that don’t require a lot of discovery or witnesses, and when the facts are on their side, why not? And yes, you should always have a court reporter if possible, but if you plan to make an appeal, you should also know what to say, particularly what to object to on the record, for an appeal. I don’t think that encouraging paranoid beliefs about litigation and lawyers is helpful. From this side, dealing with a pro se litigant who has a chip on their shoulder, thinks everything the lawyer does is to hurt them personally, that the fact that we don’t break attorney-client privilege simply because they want us to is shady business, that upholding our duty to represent our clients is a personal attack and such makes me think that you don’t know what you want. Do you want to go to court acting as your own lawyer, thus being treated like a lawyer and held to the same standards and dealing with the same things new lawyers deal with (even if you screw up. Ask lawyers about their first court appearances), or do you want to not be treated as a lawyer and have the rules bent just for you?
Make plain-English information about how to navigate in the court available to the public. All court procedures can be explained in plain English. Nolo Press, other self-help law publishers and the Maricopa County Superior Court have proven that this is so. Unfortunately the courts systematically refuse to inform self-represented litigants about available private-sector publications, apparently on the ground that they don't want to be seen endorsing them. Fair enough. But the courts should then follow the lead of the Maricopa County Superior Court and make plain-English guides available to all.
Filing of complaints, appearance, issuance of summonses, and procedures for collection, garnishments, citations, attachments, and the like, require the parties to pay fees and/or other "court cost". The Judge will generally order the party who loses to pay the "court costs". The defendant may have to pay plaintiff interest on the unpaid judgment at the statutory rate.
5. See generally, for example, Committee on Federal Courts of the New York State Bar Association, Pro Se Litigation in the Second Circuit, 62 St John’s L Rev 571 (1988) (suggesting solutions to combat an exploding pro se docket); Benjamin H. Barton and Stephanos Bibas, Triaging Appointed-Counsel Funding and Pro Se Access to Justice, 160 U Pa L Rev 967 (2012) (arguing that there are more cost-efficient approaches to improving pro se litigation than a constitutional right to counsel in civil cases because of the considerable resources that it would require).
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
Strickland v. Washington (1984) Nix v. Whiteside (1986) Lockhart v. Fretwell (1993) Williams v. Taylor (2000) Glover v. United States (2001) Bell v. Cone (2002) Woodford v. Visciotti (2002) Wiggins v. Smith (2003) Holland v. Jackson (2004) Wright v. Van Patten (2008) Bobby v. Van Hook (2009) Wong v. Belmontes (2009) Porter v. McCollum (2009) Padilla v. Kentucky (2010) Sears v. Upton (2010) Premo v. Moore (2011) Lafler v. Cooper (2012) Buck v. Davis (2017)
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.
Even though it's great to share our goals and aspirations with others--whether they are personal or career-oriented--opening ourselves up to that sense of vulnerability to others subconsciously creates anxiety. Although we may not even realize it, sharing the things you would most like to achieve involuntarily sets expectations for ourselves in the eyes of others--expectations that can often sap your confidence if unmet.
So even if it seems highly unfair, do not be surprised if you encounter initial hostility from court personnel. In your eyes, you are an individual seeking justice and doing what you have a right to do. But to the people who work in courthouses every day, you may be perceived as someone who will make their jobs more difficult. Instead of helping you, they may even attempt to put obstacles in your path, hoping that you will get discouraged and go away.
Remember this phrase: Litigation Privilege. The phrase has a formal meaning, but in layman’s language it means that lawyers can do just about anything, especially to a self-represented litigant, to protect their clients. They can lie, steal, cheat–and kill if they could get away with it–to win. Lawyers don’t always need tricks to defeat pro se litigants, but they try them anyway. They can scare defendants into paying more than they owe or settling for far less than they deserve. They’ll use a request for admissions to make pro se litigants “admit” to undeserved liability by not answering. Some will even attempt to keep away your court reporter by lying to you or to your court reporting agency. So keep your eyes open when you’ve cornered a lawyer. Chances are, there’s a trick coming, and when it does, don’t let your emotions get the best of you. Stay focused on your case. Reacting in anger by moving for sanctions, writing letters to the judge, reporting lawyer behavior in a hearing, or moving to disqualify a lawyer makes thinking and strategizing difficult. That’s not to say certain issues shouldn’t be addressed. If you must take an issue head-on, like moving for sanctions, do it strategically so you’ll get the most out of it. Otherwise, only address lawyer antics and judicial bias when it hurts your case, not when it hurts your feelings.
In contrast, the results for services intended to help pro se litigants obtain representation are somewhat less clear. Again, the resultant “improvements” in win rates look more like statistical noise than meaningful impacts, but there is arguably more room for contrary interpretations.113 However, while those reforms are no doubt also advocated by many seeking an alternative to civil Gideon, they concern increased access to counsel instead of substitutes for access to counsel. Thus, these kinds of reforms do not resemble the types of reforms suggested by the Supreme Court in Turner nor by most commentators discussing civil
People have generally three epochs in their confidence in man. In the first they believe him to be everything that is good, and they are lavish with their friendship and confidence. In the next, they have had experience, has smitten down their confidence, and they then have to be careful not to mistrust every one, and to put the worst construction upon everything. Later in life, they learn that the greater number of men have much more good in them than bad, and that even when there is cause to blame, there is more reason to pity than condemn; and then a spirit of confidence again awakens within them.
Importantly, this Comment does not suggest that these reforms have been failures. These reforms may have improved the pro se litigation process by making it feel more humane and easier to understand and by giving litigants a stronger sense that their concerns have been heard. Moreover, these reforms may still ease the burden of pro se litigation on courts by helping courts understand the issues involved more clearly or by moving cases through the judicial system more quickly. The analysis does suggest, however, that district court reforms have been ineffective in improving case outcomes for pro se litigants, and alternative approaches should be considered.
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. 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."