Some federal courts of appeals allow unrepresented litigants to argue orally (even so nonargument disposition is still possible), and in all courts the percentage of cases in which argument occurs is higher for counseled cases. In 2013, the U.S. Supreme Court adopted a rule that all persons arguing orally must be attorneys, although the Supreme Court claims it was simply codifying a "long-standing practice of the court." The last non-attorney to argue orally before the Supreme Court was Sam Sloan in 1978.
While most litigants are plaintiffs, about ten percent are defendants. The legal challenges facing the clinic’s visitors are varied and diverse: for example, clinic visitors have included an immigrant woman sued by a hospital for payment of her late husband’s medical bills and threatened with having her wages garnished; a woman who sued the police after her home was broken into by police with drawn weapons while her toddler granddaughter was playing on the floor; and a woman who sued her employer for sex discrimination and through mediation received a five-figure settlement.
More generally, win rates are an imperfect outcome variable for evaluating the effectiveness of pro se reform, and some caution is warranted when making inferences based on this analysis. The thorniest issue is that a large portion of civil cases are disposed of in ways that do not typically result in final judgments being entered, so win rates do not directly shed light on how pro se litigants fare in those cases. Some district court reforms might plausibly result in more favorable settlements for pro se litigants, and thus improved outcomes for pro se litigants while not materially affecting the win rates of pro se litigants upon final judgment.97 That said, there is a good theoretical reason to believe that win rates upon final judgment correlate with the favorability of settlements: in typical litigation settings, if both parties have similar beliefs about the probability of winning at trial and make economically rational decisions, they ought to come to a settlement weighted to favor the party more likely to prevail at trial.98 The AO data, however, does not include any measure of settlement quality that could be used to confirm or analyze the relationship for these types of cases.
When you go into a foreign country and want to communicate with the inhabitants, you have to talk THEIR lingo. Courtrooms are a foreign country and they have their own language. "Complaint language" (or "law talk") is what they call it. If you don't use it in your pleadings (that's what documents you file with the court are), you will not only not be listened to and taken seriously, you will not be HEARD. They will literally not SEE the words on the page if they are not written in their "language."
No Guidance on Timing or Parties. The forms do not give any guidance on when certain kinds of pleadings or claims or defenses have to be raised, or who has to be sued. Some pleadings, claims, or defenses have to be raised at a certain point in the case or within a certain period of time. And there are limits on who can be named as a party in a case and when they have to be added. Lawyers and people representing themselves must know the Federal Rules of Civil Procedure and the caselaw setting out these and other requirements. The current Federal Rules of Civil Procedure are available, for free, at www.uscourts.gov.