Peggy Orenstein is the author of Flux: Women on Sex, Work, Love, Kids and Life in a Half-Changed World. An award-winning writer and speaker on issues affecting girls and women, she is a regular contributor to The New York Times Magazine, and her work has also appeared in the Los Angeles Times, USA Today, Vogue, Glamour, Mirabella, Details, Elle, Mother Jones, The New Yorker, and other publications. Additionally, she has served as an editor at Esquire, Manhattan inc., 7 Days, and Mother Jones magazines.
The duty under Canon 2 to act in a manner that promotes public confidence in the integrity and impartiality of the judiciary applies to all the judge’s activities, including the discharge of the judge’s adjudicative and administrative responsibilities. The duty to be respectful includes the responsibility to avoid comment or behavior that could reasonably be interpreted as harassment, prejudice or bias.
Our research provides a promising indication of the pro-social benefits of self-affirmation and self-compassionate feelings. It is perhaps not surprising that feelings of compassion have been associated with increased helping behavior (Mikulincer et al., 2005; Hutcherson et al., 2008; Piff et al., 2010, Study 4), but no published studies (to our knowledge) have tested whether self-compassionate feelings can mobilize helping behavior. His Holiness The Dalai Lama poignantly stated this possibility when he said “If you don’t love yourself, you cannot love others. You will not be able to love others. If you have no compassion for yourself then you are not able of developing compassion for others.” Our study provides an initial experimental demonstration of this idea; we find that increasing feelings of self-compassion (via a self-affirmation activity) can mobilize helping behaviors (to a shelf-collapse incident). Thus self-affirmation may address internally derived self-threats (increasing self-compassion), which in turn allow one to transcend these self-concerns and focus on helping others. Our work joins previous work showing that self-compassion may also act as a buffer to self-threatening events and negative emotions (Neff, 2003a; Leary et al., 2007).
We believe that the most important contribution this work makes is in relating the two leading theoretical perspectives on the mechanisms of self-affirmation, offering one account for how the self-resources and self-transcendence perspectives may be linked, via self-compassion. Overall, our results suggest a process through which self-affirmation may mobilize self-resources (specifically, self-compassion), which in turn allow for self-transcendence (and pro-social focus on others).
FERN A. FISHER is the Special Assistant for Social Justice Initiatives to the Dean at the Maurice A. Deanne School of Law at Hofstra University, and retired Deputy Chief Administrative Judge for the New York City Courts and Director of the New York State Access to Justice Program. She is a founding member of the Metropolitan Black Bar Association and a member and past board member of the Association of the Bar of the City of New York and the New York County Lawyers Association.
The 2014 amendment to the Compliance section, regarding retired bankruptcy judges and magistrate judges and exempting those judges from compliance with the Code as part-time judges if they notify the Administrative Office of the United States Courts that they will not consent to recall, was not intended to alter those judges’ statutory entitlements to annuities, cost-of-living adjustments, or any other retirement benefits.
(B) Outside Influence. A judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment. A judge should neither lend the prestige of the judicial office to advance the private interests of the judge or others nor convey or permit others to convey the impression that they are in a special position to influence the judge. A judge should not testify voluntarily as a character witness.
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
Judges support civil legal aid as a means of ensuring that the most vulnerable people in society can have decent, safe, and healthy lives. Adversarial proceedings regularly involve basic human needs, such as shelter, food, safety, health, and child custody. They regularly affect vulnerable groups such as senior citizens, domestic violence victims, and veterans with post-traumatic stress disorder.
From the prison library, Gideon appealed to the United States Supreme Court, stating that, because he was denied counsel, his Sixth Amendment rights had been violated. In its 1963 ruling, the Supreme Court held that representation by counsel, even by defendants who cannot afford to hire an attorney, is a fundamental right under the U.S. Constitution. The opinion further stated that, because the Sixth Amendment does not distinguish between capital and non-capital offenses, the services of an attorney must be provided for an impoverished defendant in all criminal cases.
As suggested by previous research (Crocker et al., 2008), we tested whether changes in single item measures of “loving” and “connected” collected before and after the self-affirmation writing (Figure ​Figure11) could explain how self-affirmation increased helping behavior to the self-collapse incident. Our findings did not support a loving feelings or a feelings of connection mechanism for pro-social behavior; there were no significant self-affirmation condition differences on change in the single items “loving” [one-way ANOVA: F(1,50) = 1.72, p = 0.20] or “connected” [one-way ANOVA: F(1,50) = 0.34, p = 0.56], or the combination of “loving” and “connected” [one-way ANOVA: F(1,50) = 1.28, p = 0.26; pre-writing α = 0.74 and post-writing α = 0.75]. Specifically, there were no differences in post-pre-writing change in feeling “loving” between the self-affirmation (M = -0.08, SD = 0.81) and control (M = 0.22, SD = 0.85) groups, or feeling “connected” (self-affirmation: M = -0.04, SD = 0.89; control: M = 0.11, SD = 0.97; Figure ​Figure11).
Can I afford a private child custody attorney? Each parent is aware of his/her own, unique financial position and resources. Some parents borrow money for an attorney, while others may possess significant savings. Divorced parents are often fortunate enough to have legal expenses covered by a former spouse, written directly into a divorce decree. If parents are of modest means, pro se representation might be an appropriate alternative to hiring a private child custody lawyer, but cost should not be the only consideration.
Self-affirmation (vs. control) participants had a significantly greater increase in feelings of state compassion pre–post writing. Specifically, a one-way ANOVA (condition: self-affirmation or control) revealed a significant difference in state compassionate feelings [F(1,50) = 4.23, p = 0.05, η2 = 0.08]: self-affirmation participants had a greater pre-post-writing change in state compassion (M = 1.84, SD = 3.3) compared to control participants (M = -0.11, SD = 3.52). A 2 (condition: self-affirmation or control) × 2 (time: pre- and post-writing) repeated measures ANOVA [affirmation X time interaction F(1,50) = 4.23, p = 0.05, η2 = 0.08] yielded the same effect as the one-way ANOVA using the affect change score: self-affirmation increased state compassion pre-post-writing, compared to the control group.
The novel begins on April Fool’s Day, with the boarding of a steamer by a man who is, “in the extremest sense of the word, a stranger.” Over the course of the day, a number of apparitions wink into and out of existence on the same boat peddling several schemes. They might all be the same man, in what Melville calls “his masquerade.” They refer to each other, and each picks up where the last one left off. They talk up stock in something called the Black River Coal Company and ask for donations to the Seminole Widow and Orphan Asylum. Shares in a New Jerusalem founded by “fugitive Mormons” are offered. One, an herb-doctor, sells natural cures with names like the Omni-Balsamic Reinvigorator and the Samaritan Pain Dissuader. Another has a proposal for a World's Charity, funded by a small tax on every member of the human race. He proposes to bring the “Wall Street spirit” to charity, offering contracts for the conversion of the heathens to end the “lethargy of monopoly” which plagues the current missionary system. In his breathless enthusiasm for the power of the market this one could fit right in on the New York Times op-ed page, but all of these charlatans are recognizable American types.
Shauna Strickland. Virginia Self-Represented Litigant Study: Summary of SRL-Related Management Reports for General District Court, Juvenile & Domestic Relations Court, and Circuit Court. (December 2017). This report describes case management reports that OES should consider producing on a regular schedule in an effort to better understand cases with self-represented litigants.
^ Kay v. Ehrler, 499 U.S. 432, 435 (1991), citing Gonzalez v. Kangas, 814 F. 2d 1411 (9th Cir. 1987); Smith v. DeBartoli, 769 F. 2d 451, 453 (7th Cir. 1985), cert. denied, 475 U.S. 1067 (1986); Turman v. Tuttle, 711 F. 2d 148 (10th Cir. 1983) (per curiam); Owens-El v. Robinson, 694 F. 2d 941 (3d Cir. 1982); Wright v. Crowell, 674 F. 2d 521 (6th Cir. 1982) (per curiam); Cofield v. Atlanta, 648 F. 2d 986, 987-988 (5th Cir. 1981); Lovell v. Snow, 637 F. 2d 170 (1st Cir. 1981); Davis v. Parratt, 608 F. 2d 717 (8th Cir. 1979) (per curiam).
To test the hypothesis that self-affirmation increases pro-social behavior, participants provided two measures of helping behavior (see Measures). First, participants completed an indirect survey measure of hypothetical charitable giving. Second, participants’ helping behavior was measured in response to a surprise shelf-collapse incident that occurred while they completed some final questionnaires. The experimenter waited 1 min after the completion of these questionnaires before re-entering the room to pick up the fallen shelf items if participants had not already done so. Participants were then probed for suspicion (none were suspicious about the shelf-collapse incident), debriefed, and dismissed.
Change in state self-compassion mediates the effect of the self-affirmation manipulation on helping behavior to a shelf-collapse incident in Study 1. To determine if compassion predicted greater helping behavior, the proposed mediating variable (the measure of composite self-compassion) and the predictor variable (the self-affirmation condition) were entered simultaneously in a multiple regression equation predicting the outcome variable (helping behavior score). Numbers represent beta coefficients, with parentheses representing beta coefficients when feelings of self-compassion and the self-affirmation treatment variable are entered simultaneously in a multiple regression analysis. *p < 0.05.
James Traficant, the colorful congressman from Ohio, defended himself twice. The first time was on bribery charges during his time as a local sheriff in the early 80s. He succeeded with a daring argument that his bribe-taking was really part of a corruption investigation that he himself was running. The second time didn't work out so well. He was convicted of some impropriety with campaign funds, got kicked out of the House, and went to prison for several years.
All of these challenges are made worse by the disparity in education between lawyers and many low-income individuals, who generally read at lower reading levels and are more comfortable with oral communication, in particular by relating stories. The American justice system depends on written rules and on written orders and decisions, written at a reading level much higher than that of the average low-income litigant. Without a lawyer (or other kind of legal problem-solver) to explain the rules, navigate the legal process, and translate orders and decisions into accessible terms, a low-income litigant is likely to be lost in the system and to lose his case.11

Trial attorneys who are not mindful of the psychological and sociological elements at play when litigating against pro se parties risk exacerbating an already difficult situation by increasing the likelihood of protracted and unfocused litigation, appealable procedural missteps, and unmanaged expectations. Thus, at the outset of the lawsuit, an attorney facing a pro se opponent should make every effort to determine what is motivating the litigation (e.g., hurt feelings, anger, unmitigated expectations) and, if possible, the reason for the lack of representation. Throughout the pretrial process and during trial, a primary objective of counsel should be to strategically allow the pro se litigant to air his or her grievances in such a way as to limit the scope of triable issues while still being satisfied with his or her day in court.


Judges of all political stripes and at every level of government support providing lawyers for people who cannot afford them. As the late Justice Antonin G. Scalia put it, “in today’s law-ridden society, denial of access to professional legal assistance is denial of equal justice.”15 Judges support legal aid because they want to make good on providing equal justice, or coming much closer to doing so, and because they want to improve the efficient administration of justice, as well as out of self-interest.
Pro Se One Stop Legal Document Services, LLC is a non-lawyer document preparation service dedicated to saving you time and money with your legal matters and helping you to avoid unnecessary attorney’s fees. We are not attorneys and we do not offer legal advice, but we do provide high quality legal document preparation services with a high attention to detail in various areas, predominantly family and civil matters. We are conscientious of our customer’s unique, individual needs and differing scenarios.
5. If you or your group did anything to inform that particular business owner of his violation, then you might want to make that paragraph 19. It might read like this, "During the summer of 1997, the Louisville CIL visited the business in question, and spoke to the owner. The owner could easily make his business accessible but has chosen not to comply with the Americans with Disabilities Act."
The essence of capitalism is, as Marx recognized, its dynamism, its capacity and need for constant change. Money and commodities constantly metamorphose into each other, and with them, whole societies are in flux. In this sense it’s important that Melville’s book about money is also a “masquerade,” an eternal shift between costumes. What the book does not include is what the character might look like without a costume. His is a constant shift between masks. Transaction complete, he takes on another form. In this sense, the confidence-man is a bit like money. The promise of money isn’t what it is, but what it can appear as—anything. Through the circulation of commodities a sum of money can become so many things that it wouldn't make sense to speak of an essence. Yet it requires the illusion of a singular, fixed form in order to make its transformations.
He is able to do this because he embodies a particular contradiction regarding the need for trust in a market society. At both ends of the novel, in the confidence-man’s first and last guises, he meets a barber who has a sign saying NO TRUST—that is, pay up now, not tomorrow. This message is what the confidence-man argues against. One must always trust, extend it to all the world, he says. As a deaf-mute in the first chapter, he holds up a series of Corinthians-derived morals on charity—“Charity thinketh no evil” and so on—which strike the watching crowd as bizarre, while the barber’s sign elicits no comment. It’s clear why a barber who cut hair on credit would be risking a close shave. In his final costume, that of a garishly dressed and pompous universalist “Cosmopolitan,” he strikes up an argument with the barber. “Better cold lather, barber, than a cold heart. Why that cold sign?” One must trust mankind, he says.

There is every reason to believe that the number of pro se litigants involved in litigation in federal and state courts will continue to rise in the coming years, especially given the courts’ focus on increasing access to pro se parties. Along with this increase, the challenges facing the judicial system and trial counsel involving unrepresented parties will continue to rise, requiring increasingly careful consideration. However, armed with the best practices, trial counsel can help alleviate some of the challenges both sides of the aisle face.
My question is: Can I serve my soon to be ex-wife a Discovery request even though I’m pro se and representing myself? I was served with a request from her attorney after our hearing for temporary alimony and child support and I want to counter act with a request as well. Her attorney is taking full advantage of my pro se circumstances and incompetent knowledge of divorce law as she should. I don’t want this to be an easy win for her when I have evidence that can work in my favor. I just need to find the best way to get it in front of the judge without being bullied in the court room. I don’t know my rights as a pro se litigant and I need as much advice as possible. I picked up her financial affidavit from the clerks office and she’s leaving out a lot of income that needs to be uncovered in my case. The issue is being overwhelmed by all of her attorney deadlines and demands which sidetracks my course of action to respond in my defense appropriately.
In some types of cases, not having counsel can make a dramatic difference. Take the example of low-income tenants facing eviction. Across the county, roughly 90 percent of landlords are represented by counsel, while 90 percent of tenants are not. Simply having a lawyer increases the odds of being able to stay in one’s home. When tenants represent themselves in New York City, they are evicted in nearly 50 percent of cases. With a lawyer, they win 90 percent of the time.
FERN A. FISHER is the Special Assistant for Social Justice Initiatives to the Dean at the Maurice A. Deanne School of Law at Hofstra University, and retired Deputy Chief Administrative Judge for the New York City Courts and Director of the New York State Access to Justice Program. She is a founding member of the Metropolitan Black Bar Association and a member and past board member of the Association of the Bar of the City of New York and the New York County Lawyers Association.
A judge who is retired under 28 U.S.C. § 371(b) or § 372(a) (applicable to Article III judges), or who is subject to recall under § 178(d) (applicable to judges on the Court of Federal Claims), or who is recalled to judicial service, should comply with all the provisions of this Code except Canon 4F, but the judge should refrain from judicial service during the period of extrajudicial appointment not sanctioned by Canon 4F. All other retired judges who are eligible for recall to judicial service (except those in U.S. territories and possessions) should comply with the provisions of this Code governing part-time judges. However, bankruptcy judges and magistrate judges who are eligible for recall but who have notified the Administrative Office of the United States Courts that they will not consent to recall are not obligated to comply with the provisions of this Code governing part-time judges. Such notification may be made at any time after retirement, and is irrevocable. A senior judge in the territories and possessions must comply with this Code as prescribed by 28 U.S.C. § 373(c)(5) and (d).
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.
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 cost of providing attorneys for everyone who needs but cannot afford one would be huge. Providing just one hour of legal services to each person unable to afford it would cost an estimated $20–$25 billion.12 Courts cannot possibly cover this cost: cutbacks in court budgets by state legislatures mean that many courts cannot even cover their basic operating expenses.13 Few courts have money in their budgets to provide lawyers for the indigent. With $100 million for civil lawyers, New York State recently had more money for this purpose than any other state. Though the funding was far from enough to close the justice gap, the state saw a significant decline in the number of unrepresented litigants in the courts.14

Canon 2A. An appearance of impropriety occurs when reasonable minds, with knowledge of all the relevant circumstances disclosed by a reasonable inquiry, would conclude that the judge’s honesty, integrity, impartiality, temperament, or fitness to serve as a judge is impaired. Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges, including harassment and other inappropriate workplace behavior. A judge must avoid all impropriety and appearance of impropriety. This prohibition applies to both professional and personal conduct. A judge must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen. Because it is not practicable to list all prohibited acts, the prohibition is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. Actual improprieties under this standard include violations of law, court rules, or other specific provisions of this Code.
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.
Oh my Lord Sonja, you’re my new hero! I went at it with an attorney on Avvo; I asked a legal question and he more or less belittled me for thinking that I had a case and then for thinking that I could actually handle it on my own. This guy was a real jerk! l know I have a winning case but there are not many lawyers in my area that are familiar enough with the statutes to take it pro bono and therefore take the risk. Even the legal opinions that I’ve read say the case law is sparse. Thank you for standing up for pro se litigants and setting the record straight.
Great advice! Every point you have made about lawyers and their tricks, I have experienced. One of the greatest failures of the lower courts is the acceptance of inadequate documentation because they go unchallenged. The court is not going to do your work or come to your rescue as you may think. If the document is a not original or is forged, it is up to you to make the case. Even if the judge can see that a document may have an obvious forgery, you must still make the case against it.
(3) Organizations. A judge may participate in and serve as a member, officer, director, trustee, or nonlegal advisor of a nonprofit organization devoted to the law, the legal system, or the administration of justice and may assist such an organization in the management and investment of funds. A judge may make recommendations to public and private fund-granting agencies about projects and programs concerning the law, the legal system, and the administration of justice.
But this passage reminds us of the continuing tradition of morning dress for the Solicitor General’s office before the Supreme Court. If it already looked stupid in 1948, it definitely looks stupid now. Adhering to tradition for the mere sake of tradition is small-minded. After Elena Kagan dumped the practice — since wearing what is essentially a tuxedo is less than flattering for a woman — there was some reason to believe it would join powdered wigs in the dustbin of American legal history. No such luck.
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.
Then, participants were randomly assigned to either watch their own video or a female study confederate’s video, whom participants believed to be the previous study participant. After watching the storytelling video, participants completed an 8-item measure of how they felt while watching the (self or peer) video, which served as our primary measure of compassionate feelings. Specifically, participants rated eight feeling adjectives [relaxed, happy, sad (reverse-scored), proud, embarrassed (reverse-scored), irritable (reverse-scored), nervous (reverse-scored), peaceful] using 7-point Likert scales (1 = not at all to 7 = extremely). These items were summed to create a composite measure of compassionate feelings toward the self or other video (α = 0.83), with higher scores referencing higher compassionate feelings. Importantly, by asking participants, “How did you feel while watching your [the] video?” we were able to specifically probe feelings of self-compassion (or other-directed compassion) in response to this mildly embarrassing, impromptu storytelling playback. More positive feelings result from feelings of compassion, and less positive feelings reflect negative judgments and a critical response to the video. To evaluate the specificity of the self-compassionate feelings account, participants also completed a 9-item measure of their social perceptions in response to watching the storytelling video (see Leary et al., 2007, Study 4). Participants were asked to rate how they (or the peer) appeared in the video on nine performance dimensions [awkward (reverse-scored), confident, nervous (reverse-scored), creative, reasonable, competent, attractive, foolish (reverse-scored), likable] using 7-point Likert scales (1 = not at all to 7 = extremely) in response to the question, “How do you think you [the other participant] appeared on the video?” Like the compassionate feelings composite measure, the nine items were summed to create a composite measure of performance perceptions toward the self or other video (α = 0.83), with higher scores referencing higher social perceptions of performance during the storytelling task. Thus, we were able to measure two distinct aspects of self-compassion (and other-directed compassion): feelings of (self-) compassion and performance perceptions in response to the storytelling video. These behavioral ratings of self-compassion are positively related to trait self-compassion in previous work (Leary et al., 2007, Study 4). Participants completed a final demographics measure before being probed for suspicion, fully debriefed, and dismissed.
Canon 3B(3). A judge’s appointees include assigned counsel, officials such as referees, commissioners, special masters, receivers, guardians, and personnel such as law clerks, secretaries, and judicial assistants. Consent by the parties to an appointment or an award of compensation does not relieve the judge of the obligation prescribed by this subsection.
Pro se litigants may have a lower chance of success. 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.[34] According to Erica J. Hashimoto, an assistant professor at the Georgia School of Law,:
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