Pro se legal representation (/ˌproʊ ˈsiː/ or /ˌproʊ ˈseɪ/) comes from Latin, translating to "for oneself" and literally meaning "on behalf of themselves", which basically means advocating on one's own behalf before a court or other tribunal, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). In England and Wales the comparable status is that of "litigant in person".

To date, a public, empirical assessment of the effects of this office on outcomes of pro se litigation is not available. This Part seeks to begin to fill that gap by evaluating the impact of EDNY’s reforms on the pro se process. Part IV.B discusses the methodology for this analysis. Part IV.C finds that the reforms in the EDNY have had a small, and in fact negative, impact on the win rates of pro se litigants in that court.123 This evidence, when combined with the evidence in Part III, strengthens this Comment’s finding that pro se reforms in trial courts have been ineffectual at improving litigation outcomes for pro se litigants.
To represent yourself successfully, especially ­if your adversary has a lawyer, you must be ­­­­­­prepared to invest substantial amounts of time in your ­­­­case­­­­­­­—and particu­larly in the many pretrial procedures and maneuvers that can mean the difference ­between winning and losing. To non-lawyers, the legal system seems to center on the outcomes of trials. After all, that’s the dramatic part—and the focus of so many movies and TV shows. If you believe these portrayals, you might think you just have to file a few papers, tell your story to a judge, and claim victory. (This was the belief of Vinny, who represents two ­defendants charged with murder in the wonderful court­room comedy film, My Cousin Vinny. Vinny shows up for an ­arraignment and tries to explain to the judge that the police made a mistake. Vinny is shocked when the judge advises him that he’s not going to set aside all of his state’s procedures just because Vinny finds himself “in the unique position of representing clients who say they didn’t do it.”)
Fixed Fees. A fixed fee is a set fee for a particular project. For example, a lawyer may charge $500 to write your will. It is unlikely that an attorney will suggest a fixed fee to coach you through your whole case, because the lawyer will have little idea of the amount of work involved. But the lawyer may suggest fixed fees for particular services along the way. For example, you may find a lawyer willing to charge you no more than a specific sum of money to review and edit your complaint or to help you respond to your opponent’s interrogatories.
Lawyers and their bar associations who do get a glimmer of the access problem tend to think that it's strictly a money issue. They focus their efforts on pro bono services or what legal services programs still exist. This clearly confuses the forest for the trees. Poor and rich alike have a right to use the courts without an intermediary. Or to use a popular means of expressing a fundamental point: It's the monopoly, stupid. It probably is no coincidence that by directing their efforts towards the poor, lawyers are addressing the access problem only for people who can't afford to pay lawyers.
Your state’s “Rules of Court.” These are rules that set the procedures and deadlines that the courts in a state must follow. Generally, states have separate sets of rules for different kinds of courts. For example, a state may have one set of rules for its municipal courts (courts that try cases involving limited amounts of money), another for its superior courts (courts that try cases involving higher amounts of money), and still others for its appellate courts (courts that review the decisions of municipal and superior courts). All the rules may, however, be published in a single book. Some states also have separate sets of rules for specialized courts, such as family law courts, which hear cases involving divorce, child custody, and child support; or probate courts, which hear cases involving wills and trusts.
49. See, for example, Barton and Bibas, 160 U Pa L Rev at 980 (cited in note 5) (identifying flaws in the arguments of civil Gideon advocates); Barton, 62 Fla L Rev at 1249 (cited in note 36) (describing it as “quite unlikely that the current Court would even take a civil Gideon case”). See also generally Laura K. Abel, A Right to Counsel in Civil Cases: Lessons from Gideon v. Wainwright, 15 Temple Political & CR L Rev 527 (2006).

Using delaying tactics to maximize the inconvenience and cost of litigation. For example, in the case of GMAC v. HTFC Corp., a deponent (on advice of counsel) provided a long and meandering answer, and in response to the deposing attorney‘s protest stated, “I‘m going to keep going. I‘ll have you flying in and out of New York City every single month and this will go on for years. And by the way, along the way GMAC will be bankrupt and I will laugh at you.”
Posner’s resignation is a powerful reminder of the challenges pro se litigants continue to face. His belief that pro se litigants are frequently mistreated in civil litigation and denied a full and fair opportunity to vindicate their claims is neither new nor limited to federal appellate courts.3 Numerous legal commentators have expressed similar concerns.4 Yet, though the belief that pro se litigants are underserved by the legal community is widespread, the full extent of the challenges they face in court is still only partially understood.
Lawsuit Funding for Attorneys Litigation funding for Plaintiffs Litigation Finance Brokers Choosing a Litigation Finance Company Choosing Between Litigation Finance Companies Understanding Lawsuit Funding Companies Litigation Finance Firms Litigation Finance Trade Associations Litigation finance funds Find a Litigation Finance Firm Disrupting Hedge Funds in Litigation Finance Investors in Litigation Finance Litigation finance vs. private equity Champerty in Litigation Finance Disclosure of Litigation Funding Privilege Doctrines in Litigation Funding Regulations in Litigation Finance Legislation on Lawsuit Funding Finding the lowest litigation finance rates Litigation Funding Moves into the Mainstream Trends in Litigation Finance The Legal Funding Industry Statistics on Litigation Funding The History of Lawsuit Funding Key Risks in Litigation Funding The Growth of the Litigation Finance Industry The Market For Litigation Finance The Market Size of Litigation Finance Litigation Finance Explained Litigation Finance Definitions A Handbook for Litigation Finance How does Litigation Funding Work? Litigation Finance Primer The Pros and Cons of Lawsuit Funding Tax Treatment of Litigation Finance Litigation Finance and Usury Are litigation finance contracts loans? Post-judgment Litigation Funding Is litigation finance available for pro se cases? Getting the Fastest Litigation Funding Pre-settlement Lawsuit Funding Legal Funding for Workers Compensation Claims Legal Funding for Civil Cases Can litigation funding be an alternative to legal aid? Careers in Litigation Finance
Court clerks withhold information from non-lawyers that they routinely give to lawyers. If a lawyer's office calls to ask about a particular scheduling procedure, for example, the clerk provides all sorts of answers without thinking twice. But let a self-represented person ask for the same (or even much less) information, and it suddenly becomes legal advice. Many clerks' offices feel compelled to post signs saying, "We don't provide legal advice!" Most often, that means that they are unwilling to help unrepresented people get into court or respond to a lawsuit. (Imagine if IRS clerks refused to answer questions about how to file a tax return.)
Most slander cases settle. This typically occurs before trial, by way of negotiations between you (or your attorney, if you are represented) and the defendant (or his or her attorney, if represented by one). Additionally, a case may settle through some form of alternative dispute resolution, such as mediation or arbitration. Occasionally, although rarely, the case may settle even before the complaint is filed because of a persuasively written demand letter.
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.
 B. All papers, such as leases, contracts, sales or rent  receipts, letters from or  to the plaintiff or defendant, paid repair bills or three written repair estimates, canceled checks, photographs, and merchandise such as damaged clothing, etc. DO NOT LEAVE YOUR PAPERS AT HOME.  They can only be of help when you show them to the Judge. If you do not know whether certain documents or papers are important or will be needed in the court, be prepared and bring them with you.
The regression is run with five different sets of specifications. The first regresses outcomes against a dummy for whether the case took place with EDNY reform; the second model adds a dummy variable indicating whether each case took place in EDNY; the third model adds dummy variables indicating which district court each case was filed in; the fourth adds dummy variables for the year the case was filed (but removes the district dummy variables); and the fifth model includes dummy variables for both the year and district for each case.126
An attorney who represents himself or herself in a matter is still considered a pro se litigant. Self-representation by attorneys has frequently been the subject of criticism, disapproval, or satire, with the most famous pronouncement on the issue being British poet Samuel Johnson's[citation needed] aphorism that "the attorney who represents himself in court has a fool for a client."
Why are the courts so unfriendly to the self-represented? They weren't always that way; in the first 100 years of our history, the courts dealt equally with all comers. But in the late 19th and early 20th century, the courts came to serve the needs and interests of the legal profession, which took control of them and built a monopoly over who can appear before them as advocates.
But that shouldn't make a difference, as all cases are to be judged on their merits, not by the persons who bring them. By law, every federal judge must take an oath affirming to "administer justice without respect to person, and do equal right to the poor and to the rich," and to "faithfully and impartially discharge and perform all the duties incumbent upon me as judge under the Constitution and laws of the United States."
11. See Donna Stienstra, Jared Bataillon, and Jason A. Cantone, Assistance to Pro Se Litigants in U.S. District Courts: A Report on Surveys of Clerks of Court and Chief Judges *3 (Federal Judicial Center, 2011), archived at http://perma.cc/8TYT-7Y43 (reporting that 90 percent of the US district courts surveyed have adopted at least one procedural reform).
Also, I don’t know what this obligation is to give access to justice that is apparently on the shoulders of individual lawyers. I only know of the 6th Amendment right to an attorney for defendants in a criminal trial, in which case any lawyer could be appointed to represent a defendant; I know of no other obligation to make legal services available to everyone on demand. But you can’t seriously tell me that you don’t pit pro se litigants against lawyers and publish the articles you do. I know some lawyers who are pretty burnt out dealing with pro se nonsense, and I know some who are more generous to those who play lawyer for themselves, but when your opposing counsel is a pro se litigant who can’t distinguish you from your client, or doesn’t understand why you’re representing your client vigorously and then goes on the defense, you wish you could just tell them what is obvious to you: it’s not about them. For example, I might be hesitant to encourage Tanya here to represent herself since she doesn’t seem to understand the difference between pro bono and contingency and statutes and case law, and that she hasn’t actually found any case law yet before deciding to pursue her lawsuit on her own and presenting what may be a matter of first impression, but that’s not my business…

Hourly rates for lawyers who do personal legal-services work typically run from $100 to $250 per hour. Certain experts and big-firm lawyers charge even more. It is important to find out exactly how the lawyer will calculate the bill. For example, some lawyers who charge by the hour bill in minimum increments of 15 minutes (quarter hour), and others bill in increments of six minutes (tenth of an hour). That means that a five-minute phone conversation for which you are billed the minimum amount could cost you different amounts, depending on how the lawyer figures the bill.
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.
Finally, one other potential policy implication suggested by this Comment is that expanded access to counsel for certain pro se litigants may be an attractive option. This Comment does not fully analyze the potential costs or benefits of civil Gideon and accordingly comes to no conclusion about its overall merits.133 However, many commentators have opposed civil Gideon partially on the grounds that pro se reforms at the trial court level could be a cheaper, but still effective, alternative.134 The Supreme Court has suggested a similar belief.135 But while not totally conclusive for the reasons described above, this Comment indicates that those reforms have not had the kind of impact on case outcomes that increased access to counsel might have. Because these reforms do not yet appear to be a viable and effective alternative to civil Gideon, this Comment suggests that improved case outcomes may be better achieved through expanded access to counsel than through pro se reforms.

As we read we can let the words gently flow over us. We can let the words quietly be spoken to us in there own sweet way. We can let ourselves open to the thoughts and their meanings, the ideas and their origin, the phrases and the understandings that they have ready for us. Ready for us to assimilate and take on board. If we let them filter through and allow the words their power to move and rejuvenate. If we let ourselves be uplifted and filled with their sometimes hidden insights. Too gently and slowly to impact on our lives as we read - and in the future when we recall their meaning for us.


 THE COURT AND CLERKS DO NOT COLLECT THE  MONEY. The responsibility for that is on plaintiff, but the Court and the Pro Se Staff in  Room 602 will assist in the process. Some defendants are unwilling to pay and trying to collect requires time and patience. In seeking to collect,  plaintiff has a right to telephone the  defendant at reasonable times. Some of the  principal steps that may be taken to collect a judgment are:

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.”

The American Board of Trial Advocacy (ABOTA), a national group of experienced trial lawyers, adopted the Principles of Civility, Integrity and Professionalism, which are “intended to discourage conduct that demeans, hampers or obstructs our system of justice.” Principle 19 states that attorneys should “never take depositions for the purpose of harassment or to burden an opponent with increased litigation expenses.”


The exclusion of prisoner pro se litigation is a potentially consequential choice. Commentators sometimes discuss trends in prisoner and nonprisoner civil pro se litigation without differentiating between the two classes, but there is no reason to assume that trends in prisoner pro se litigation mirror trends in nonprisoner pro se litigation.80 Prisoner pro se litigation may be an interesting topic of its own. However, most prisoner litigation consists of several unique case types that are pseudocriminal in nature, particularly habeas petitions, that are not necessarily similar to other types of civil pro se litigation. Accordingly, the scope of this Comment excludes cases that are predominantly brought by prisoners in order to focus more narrowly on the dynamics of civil nonprisoner pro se litigation in federal district courts.81
To date, a public, empirical assessment of the effects of this office on outcomes of pro se litigation is not available. This Part seeks to begin to fill that gap by evaluating the impact of EDNY’s reforms on the pro se process. Part IV.B discusses the methodology for this analysis. Part IV.C finds that the reforms in the EDNY have had a small, and in fact negative, impact on the win rates of pro se litigants in that court.123 This evidence, when combined with the evidence in Part III, strengthens this Comment’s finding that pro se reforms in trial courts have been ineffectual at improving litigation outcomes for pro se litigants.
In order to evaluate the impact of EDNY’s pro se reforms, this Comment runs a logistic regression using whether the plaintiff won the case as the independent variable. The dataset for this regression is all cases decided in the four New York district courts between 1998 and 2007 that involved pro se plaintiffs and represented defendants. This dataset includes 578 cases from the Northern District of New York (NDNY), 2,658 cases from EDNY, 3,843 cases from SDNY, and 668 cases from the Western District of New York (WDNY). The key variable of interest is a binary variable that is coded “1” if the case is in EDNY and filed after the implementation of the pro se reforms and “0” otherwise.125 There were 1,408 cases in this dataset from after EDNY implemented the reforms.
The disdain by federal judges against pro se litigants is a serious problem in our country, which the Supreme Court and Congress should rectify. Perhaps some judges have seen too many frivolous pro se lawsuits for their liking. Surely many such lawsuits are not meritorious, and the majority are brought by prisoners. Perhaps this is why some judges read only as far as " pro se" before rolling their eyes.

81. Some reasons that these reforms may impact prisoners differently from nonprisoners include: differences in the types of cases brought, potentially different access to legal resources (depending on the availability of legal materials in prison), different judicial attitudes toward prisoner and nonprisoner pro se litigants, or different levels of access to counsel. Note that this Comment does not definitively suggest these reforms impact nonprisoner and prisoner pro se litigants differently. Instead, it merely suggests there may be differences and limits the scope of this analysis to nonprisoner pro se litigants.


One of the biggest mistakes pro se litigants make is not doing research. Lawyers count on pro se litigants’ ignorance of the law to win cases. The less a pro se litigant knows, the shorter the litigation process will be. A lawyer can buy a $7000 debt for $700 and pay a $100 fee to sue. Thirty or so days later, he wins a default judgment or a one-hearing judgment. He then has the right to collect the full $7000, the $100 court fee, and case-related costs. He’ll have to collect the money himself, but lawyers wouldn’t buy debt if the practice never paid off. Facing a pro se litigant in court pays off for lawyers almost all the time. Whether you’re a plaintiff or a defendant, you don’t want to get knocked out early because of lack of knowledge. Learn the laws relevant to your case. The more you know, the longer you’ll stay and the less chance a lawyer will have a windfall at your expense.
I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.
Do your homework and educate the court. It is important, at the outset of a case, for trial counsel to determine if he or she is litigating against a wolf in sheep’s clothing. “When the pro se litigant is really an expert litigant, the court’s sympathy for his presumed inexpertise diminishes markedly.” Scott L. Garland, “Avoiding Goliath’s Fate: Defeating a Pro Se Litigant,” Litigation, Vol. 24, No. 2 (Winter 1998), at 45, 50 (1998). A search of the county or state docket may reveal that the pro se party has actually been involved in numerous lawsuits and maybe has even been deemed a vexatious litigant. Armed with this knowledge, counsel is better equipped to handle both interacting with the self-represented party and convincing the court that the pro se party’s failure to follow the rules warrants sanctions.

102. The types of cases that typically result in final judgment, and are evaluated here, are cases that are disposed of following judgment on default, consent, motion before trial, jury verdict, directed verdict, court trial, arbitral award, or other resolution. Cases disposed of via transfer or remand or dismissed due to settlement, voluntary dismissal, lack of jurisdiction, or want of prosecution are discarded in this analysis.


We will start with pro se. That's a Latin term meaning on one's own behalf and in a court setting it refers to persons who present their own cases without lawyers or other representatives. Now some people choose to act pro se because they have legal experience or they're otherwise very confident about their ability to convey their claim or their defence without any assistance. Other people may simply wish to avoid paying attorney's fees and the often exorbitant expenses associated with hiring a lawyer.
Turner, the most recent Supreme Court ruling on the rights of civil pro se litigants, threw an unexpected twist into this line of cases and provided fodder for both proponents and detractors of the expanded right to counsel for civil litigants. In Turner, all nine justices agreed that the state was not required to provide counsel in a civil contempt hearing even if the contempt order would have resulted in incarceration.41 Nonetheless, a five-justice majority overturned the sentence, holding that the state must “have in place alternative procedures that ensure a fundamentally fair determination of the critical incarceration-related question.”42 The Court highlighted a “set of ‘substitute procedural safeguards’”—for example, notice about critical issues in the case, the use of forms to elicit relevant information, and other potential protections—that could stand in for assistance of counsel and ensure the “‘fundamental fairness’ of the proceeding even where the State does not pay for counsel for an indigent defendant.”43

If you or anyone you know is facing foreclosure, or has already lost a property to foreclosure, and want to sue for mortgage fraud, foreclosure fraud, wrongful foreclosure, or quiet title to your home FRAUD STOPPERS PMA can help you save time and money and increase your odds of success getting the legal remedy that you deserve. If you have received a Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) and you want to know how to respond to the Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) join FRAUD STOPPERS PMA today because FRAUD STOPPERS has a proven system to help you fight to save your home from foreclosure and sue for mortgage fraud. FRAUD STOPPERS turnkey Quiet Title Lawsuit package or Wrongful Foreclosure Lawsuit package includes a court ready complaint (petition for damages), Bloomberg Securitization Audit, Expert Witness Affidavit, Application for Temporary Restraining Order (to stop a foreclosure sale or stop an eviction), Lis Pendens (to cloud the marketability of the title to the real property), and Pro Se legal education material that can show you how to win a Quiet Title Lawsuit or win a Wrongful Foreclosure Lawsuit. This entire court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Package can help you save money in legal fees and help you increase your odds of success. Join FRAUD STOPPERS PMA today and get mortgage fraud analysis and the facts and evidence you need to get the legal remedy you deserve at www.fraudstopper.org/pma

If you or anyone you know is facing foreclosure, or has already lost a property to foreclosure, and want to sue for mortgage fraud, foreclosure fraud, wrongful foreclosure, or quiet title to your home FRAUD STOPPERS PMA can help you save time and money and increase your odds of success getting the legal remedy that you deserve. If you have received a Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) and you want to know how to respond to the Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) join FRAUD STOPPERS PMA today because FRAUD STOPPERS has a proven system to help you fight to save your home from foreclosure and sue for mortgage fraud. FRAUD STOPPERS turnkey Quiet Title Lawsuit package or Wrongful Foreclosure Lawsuit package includes a court ready complaint (petition for damages), Bloomberg Securitization Audit, Expert Witness Affidavit, Application for Temporary Restraining Order (to stop a foreclosure sale or stop an eviction), Lis Pendens (to cloud the marketability of the title to the real property), and Pro Se legal education material that can show you how to win a Quiet Title Lawsuit or win a Wrongful Foreclosure Lawsuit. This entire court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Package can help you save money in legal fees and help you increase your odds of success. Join FRAUD STOPPERS PMA today and get mortgage fraud analysis and the facts and evidence you need to get the legal remedy you deserve at www.fraudstopper.org/pma
Find out what your jurisdiction does. If they don’t have them, it’s worth it to bring your own. If a hearing means anything to you, the money you shell out for a court reporter will pay back in spades. If it’s difficult to pay for a court reporter, try to stretch those hearings out as long as you can. If you’re in a multi-year case, you might have a hearing only 3 times per year anyway. If you find you’re having more and can’t afford it, prioritize them. This also helps you think strategically about your case.
The relative win ratios tell a similar story. There is wide variance based on the type of lawsuit being brought, but represented litigants consistently have far better outcomes than pro se litigants in court. When both parties are represented, plaintiffs win at a rate between 1.4 and 42.1 times as often as when only the defendant is represented. By contrast, a represented plaintiff is roughly 0.2 to 0.9 times as likely to win a case against a represented defendant as against a pro se defendant.91

Courts are public institutions belonging to the people, and you have the right to represent yourself there. However, courts are also bureaucratic institutions with very heavy case­loads. Historically, filing clerks, courtroom clerks, court reporters, and even judges have usually preferred to deal with lawyers rather than with people who represent themselves. (When you represent yourself, you may find yourself referred to as a “pro per” or “pro se” litigant, Latin abbreviations favored by judges and lawyers.) Although the increasing number of people representing themselves is beginning to change these attitudes in some places, many court personnel ­believe (often mistakenly) that they can do their work more quickly and easily when they work with lawyers than when they work with people who are representing themselves.


 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.

103. The concern with omitted variable bias is that some other variable not included in the model explains both the independent and dependent variable in the model. For example, in this case there could be an “omitted variable” measuring how much courts care about protecting pro se litigants. A court with judges who care a lot about protecting pro se litigants may implement many pro se reforms and also have favorable case outcomes for pro se litigants because the judges are favorable to pro se litigants. Though it is difficult to rule out all omitted variables, in this case the widespread implementation of at least some reforms, coupled with the significant variation in which and how many are implemented by each court, suggests this kind of omitted variable is unlikely. For more discussion of omitted variable bias, see generally Kevin A. Clarke, The Phantom Menace: Omitted Variable Bias in Econometric Research, 22 Conflict Mgmt & Peace Sci 341 (2005).
Some still remain skeptical about pro se reform. Commentators have argued that unfair advantages for pro se litigants correspond to unfair disadvantages for their opponents in civil proceedings, that tweaking the court system specifically for pro se litigants undermines the rule of law, and that reforms may lead courts to devote more resources to cases that often prove frivolous.61 Other detractors of trial-court reform for pro se litigants have opposed it on opposite grounds, arguing that these reforms may be counterproductive and harm pro se litigants62 or that they don’t go far enough and that civil Gideon is needed to fully protect the rights of pro se litigants.63
Pierre loves his mother like a sister, his sister like a wife, and his ex-fiance like a cousin. Plus two romantic friendships with a male cousin and boyhood friend. This is an insane book, beautifully written, poetic and philosophical, with one of the most sudden, craziest feel bad endings I've seen since Dostoevsky's The Demons. In the last few chapters there is one murder, two suicides, and one death by shock/heartbreak.
One more effective path might look toward a growing body of research on more effective ways to provide self-help resources and literature to pro se litigants. A recent article by Professors Greiner, Dalié Jiménez, and Lois R. Lupica details their endeavors to develop a theory of the issues that potential pro se civil litigants would face in the legal process. Their article then draws on recent developments in a number of fields, such as education, psychology, and public health, to imagine what truly effective self-help materials would look like and how they might help pro se litigants fare better at trial.132 Courts and commentators could try to enhance the effectiveness of their reform efforts by drawing on this and other similar research. Using this kind of research to provide effective educational handbooks or to help courts communicate in ways that are more useful to pro se litigants could enhance the types of pro se reforms analyzed in this Comment.
109. It is worth noting that these reforms could produce unobservable benefits in a number of ways. For example, as discussed previously, some district courts may be implementing these reforms differently in practice, and it may be the case that a few are successfully implementing the reforms, resulting in significant improvements to case outcomes for those courts but not enough improvement to show up in the overall numbers. Alternately, it may be the case that one particular combination of reforms is especially impactful. There is not enough data to fruitfully study all permutations of reforms. Still, this analysis is revealing with respect to the cumulative effects of these reforms.
The EDNY pro se office has two primary functions.119 First, the magistrate judge’s pro se office—comprised of staff attorneys and administrative office employees—proposes initial orders to the assigned judge, including to dismiss or to direct the litigant to amend the complaint, and responds to inquiries from the judge’s offices about the cases. As part of these initial duties, the office gives procedural advice to individuals about filing and litigating their claims by answering questions and making forms and instructions available. Second, the magistrate judge automatically oversees all pro se cases that survive screening, handles pretrial matters, and presides at trial with the parties’ consent.120 These reforms do not exactly mimic those discussed in the FJC Survey and evaluated in the empirical analysis above. However, they do include a number of efforts similar to those evaluated in
The lack of civility among lawyers is a frequent topic at bar association meetings. Canon 7 of the American Bar Association Model Code states that a “lawyer should represent a client zealously within the bounds of the law.” Many lawyers blame an over-enthusiastic reliance on Canon 7 for what they consider a rising tide of lawyer incivility (or bullying) that characterizes modern litigation. Commonly-cited examples include:
99.9999999999999999999999999999999999(SHOULD I GO ON)999999999999999 of the time when a pro per (you) goes up against an attorney in Court you will lose. I cant tell you how often I have defended clients against a pro se litigant who think they just have the best case and then it blows apart like flour in a fan when you get into Court. Non-attorneys are held to the same standard as attorneys. Everyone in the world, even the judge would prefer that you retain counsel. The reason why is simple, your not a lawyer. If you have a case, I am sure that you will find an attorney to represent you.
96. For a discussion from the early 2000s, see Bloom and Hershkoff, 16 Notre Dame J L, Ethics & Pub Pol at 488–97 (cited in note 74). To the extent that this is a risk, a follow-up study could be conducted by surveying the current practices of district courts and then using a similar method to the one employed in this Comment to check whether differences in current district court practices are impacting more recent outcomes for pro se litigants.
The Supreme Court has held that where a statute permits attorney's fees to be awarded to the prevailing party, the attorney who prevails in a case brought under a federal statute as a pro se litigant is not entitled to an award of attorney's fees.[51] This ruling was based on the court's determination that such statutes contemplate an attorney-client relationship between the party and the attorney prosecuting or defending the case, and that Congress intends to encourage litigants to seek the advice of a competent and detached third party. As the court noted, the various circuits had previously agreed in various rulings "that a pro se litigant who is not a lawyer is not entitled to attorney's fees".[52]
×