Eighty percent of state criminal defendants cannot afford to pay for a lawyer, and only those who are actually incarcerated are constitutionally entitled to appointed counsel. Many people facing misdemeanor charges can, if convicted, be subjected to significant fines and fees, or face the loss of benefits (including housing) or deportation. Yet, they have no right to an attorney, and those who cannot afford a lawyer will go without one.
Federal courts can impose liability for the prevailing party's attorney fees to the losing party if the judge considers the case frivolous or for purpose of harassment, even when the case was voluntarily dismissed. In the case of Fox v. Vice, U.S. Supreme Court held that reasonable attorneys' fees could be awarded to the defendant under 42 U.S.C. Sec. 1988, but only for costs that the defendant would not have incurred "but for the frivolous claims." Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the sanction. Pro se still has a right to appeal any order for sanctions in the higher court. In the state courts, however, each party is generally responsible only for its own attorney fees, with certain exceptions.
But in the course of my experience, it became very apparent that the deck was stacked against me just because I was proceeding pro se – that is, representing myself, without an attorney. It's hard enough for a layman to win in court as it is, but the apparent disdain and discrimination that courts and judges show toward pro se litigants make it that much harder.
You need the ability to think more in terms like, "That is A view" versus "There is my view and the wrong view." "That is A defense" versus "They don't have a defense." Being impatient or intolerant with another's view, defense or assertion appears as immaturity in the courtroom. Opposing side is supposed to have a view, defense or assertion. Many times you will deal with outrageous arguments using deceit and/or lies that would never be used as arguments outside the courtroom.
Pitting pro se litigants against lawyers as if lawyers are enemies does far more disservice to your clients. I looked at your website, and I see that you toe a fine line between practicing without a license and simply giving pro se litigants enough rope to hang themselves. I understand that it’s a gimmick to make money for yourselves, but the nobler thing to do would be to direct these people to pro bono services instead of guiding them to shooting themselves in the foot by acting like the opposing party’s lawyer is out to get them and that what they don’t understand about the practice of law is somehow a trick or deception.
Oftentimes, self-represented litigants become reactive when there’s a lawyer on the other side. Instead of getting ahead of things or running their own case, they let the lawyer take the lead. They spend so much time responding to discovery requests, summary judgment motions, motions to dismiss, and other filings that they don’t formulate a strategy of their own. They don’t do their own discovery or object to certain requests because they’re swamped and often intimidated. So, they’re always behind and in a constant reactive state. If a wise opponent sees how reactive you are, they can walk you right into an error. So, take control of your case. Never let a lawyer think that he’s in charge of it.
As an indirect measure of pro-social behavior, participants completed a spending survey, allocating 100% of one’s income to nine categories (bills, food, clothing, luxury items, recreation, charitable giving, travel, gifts, housing). Importantly, the category of charitable giving was used as a covert measure of pro-social behavior (Piff et al., 2010, Study 2), with higher percentages indicating greater desire for charitable spending.
During divorce proceedings, self-represented parties must adhere to the same rules and procedures as attorneys. This includes filing the necessary paperwork within the time limits specified in the rules of civil procedure, and being aware of what each hearing entails. For some people, the process in a pro se divorce can be more difficult if the other party is represented by an attorney.
Within the boundaries of applicable law (see, e.g., 18 U.S.C. § 953) a judge may express opposition to the persecution of lawyers and judges anywhere in the world if the judge has ascertained, after reasonable inquiry, that the persecution is occasioned by conflict between the professional responsibilities of the persecuted judge or lawyer and the policies or practices of the relevant government.
Laws and organizations charged with regulating judicial conduct may also affect pro se litigants. For example, the Judicial Council of California officially advocates treating self-represented litigants fairly. The California rules allow for accommodating mistakes by a pro se litigant that would otherwise result in a dismissal, if the case is otherwise merited. In addition the Federal Rules of Civil Procedure rule 56 on summary judgments notes that pro se litigants may need additional advice with regard to necessity of responding a summary judgment motion.