Our research makes clear that the large number of unrepresented citizens overwhelming the nation’s courts has negative consequences not only for them but also for the effectiveness and efficiency of courts striving to serve these and other segments of the community who need their disputes resolved. More staff time is required to assist unrepresented parties. In the absence of a fair presentation of relevant facts, court procedures are slowed, backlogs of other court cases occur, and judges confront the challenge of maintaining their impartiality while preventing injustice.20
The plaintiff has to present quite a lot of evidence in order to meet its burden of proof. This evidence is often difficult or expensive for the plaintiff to produce. If your debt is old, or if it has been bought and sold multiple times, evidence of your debt may not exist at all. It is almost always much easier and cheaper for the plaintiff to negotiate a settlement with you than to come up with all the evidence needed to meet the burden of proof. That is why the plaintiff will nearly always want you to agree to a settlement.
For this intimate, girls' eye view of the world, Orenstein spent months observing and interviewing eighth-graders from two ethnically disparate communities, seeking to discover what was causing girls to fall into traditional patterns of self-censorship and self-doubt. By taking us into the lives of real young women who are struggling with eating disorders, sexual harrassment, and declining academic achievement, Orenstein brings the disturbing statistics to life with the skill and flair of an experienced journalist. Uncovering the adolescent roots of issues that remain important to American women throughout their lives, this groundbreaking book challenges us to change the way we raise and educate girls.
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.
Language is my love, and though I am fascinated by all languages and cultures, I am, alas, fluent in only one. My Spanish is sporadic, my French frankly poor, my German generally forgotten, my Italian too long ignored, and my Polynesian languages painfully all but non-existent now. And so it is that this website is devoted to the prose of the only language that has endured in my memory over the years: English. I hope that you will join me in exploring and analyzing this diverse and ever-changing language and share with me your thoughts on its usage and development.
Clarence Earl Gideon, a man who could not afford to hire an attorney to represent him, appeared in a Florida court in 1961, after being accused of felony breaking and entering, requesting that the court appoint counsel to represent him. The state court denied his request, stating that Florida state law allowed the appointment of counsel only if the defendant has been accused of a capital offense. Gideon, who was forced to act pro se was convicted of the crime and sentenced to 5 years in prison.
(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.
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."
Capitalism has a peculiar, contradictory relationship to trust. According to one way of thinking about it, if everyone’s looking out for their own interest, they’ll trust people as far as they can throw them, sleep with one eye open, because everyone’s out to screw you over. It’s not like there are communal bonds or family ties for people to rely on in most commercial interactions. But in everyday life, people are remarkably trusting. People go out and buy things from strangers, make and take loans, and don’t read the fine print. Capitalism depends on baseline trust to keep running. It may depend a whole lot more on a legal system and men with guns—but it needs some level of confidence to stop people from being misers hiding money in mattresses, or even for those misers to think that money is worth hiding in a mattress in the first place.
Your Day in Court. This is a video clip from King County, Washington featuring Judge Mary Yu and Stephen Gonzalez. Judge Yu explains the basic layout of the courthouse and Judge Gonzalez talks about courtroom procedure. The information in this video is designed for pro se users of the King County court system but it is general enough that court users in any state can benefit from viewing it.
In response to the shortage of lawyers, despite insufficient resources, many court systems are trying to find ways to level the playing field by making legal forms and processes simpler and easier to use by people without lawyers. Simplification works for some kinds of cases, but it is not a substitute for lawyers when people have complicated substantive or procedural defenses or claims to pursue. Providing a lawyer, or a legal problem-solver, to those who cannot afford one is often the only way to equalize justice. Other forms of legal assistance are helpful and necessary, but they are inadequate to close the gap in access to justice.
Like the self-resources account, our findings indicate that self-affirmation boosts one’s self-image by increasing positive self-feelings, but provide additional specificity about the nature of these feelings; self-affirmation increases feelings related to self-compassion (e.g., sympathy, trust, and less criticism; Study 1). Like self-esteem, self-compassion predicts positive feeling states, but is distinguished by its more stable relationship to self-worth, independent of positive or negative outcomes (Neff and Vonk, 2009). Consistent with this, in response to a potentially embarrassing video of oneself, affirmed participants maintained positive self-feelings (Study 2). The effect of self-affirmation writing on self-compassion may explain why few studies have shown that self-affirmation increases general feelings of state self-esteem or positive affectivity (Sherman and Cohen, 2006).
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).
Unlike in the criminal context, there’s no federal constitutional right to counsel in civil cases. Civil cases can involve a range of critical issues, including housing, public benefits, child custody and domestic violence. And while some civil litigants may be entitled to counsel in certain jurisdictions, in most of these cases, people who cannot afford a lawyer will be forced to go it alone. Doing so may mean that they fail to make it through the process, have their case dismissed or lose what otherwise would have been a winning case.
When a judge determines that an organization to which the judge belongs engages in invidious discrimination that would preclude membership under Canon 2C or under Canons 2 and 2A, the judge is permitted, in lieu of resigning, to make immediate and continuous efforts to have the organization discontinue its invidiously discriminatory practices. If the organization fails to discontinue its invidiously discriminatory practices as promptly as possible (and in all events within two years of the judge’s first learning of the practices), the judge should resign immediately from the organization.
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.
Does my ex have a child custody lawyer? Although the justice system permits parents to represent themselves, we often advise parents to reconsider self-representation if the other parent will be represented by counsel. Parents represented by counsel could be in a more advantageous position. An attorney who understands family law will have specific knowledge that a lay person may lack.
(H) Compensation, Reimbursement, and Financial Reporting. A judge may accept compensation and reimbursement of expenses for the law-related and extrajudicial activities permitted by this Code if the source of the payments does not give the appearance of influencing the judge in the judge’s judicial duties or otherwise give the appearance of impropriety, subject to the following restrictions:
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.
It was very nice of Kenn to share all that esoteric knowledge regarding the litigation process. I think most lawyers would only be interested in non disclosure of their dirty tricks, so many thanks to Kenn. I have not made the decision of going pro se, but even if I don't, the book is still worth to read to attain some understanding of what is going on behind the scenes in one's lawsuit.
IAALS recently released two new reports focused on the experiences of self-represented litigants in the family court system. Cases Without Counsel: Research on Experiences of Self-Representation in U.S. Family Court which explores the issues from the litigants' perspective. Cases Without Counsel: Our Recommendations after Listening to the Litigants outlines recommendations for courts, legal service providers, and communities to best serve self-represented litigants in family cases.
In Study 1 we found that self-affirmation increased feelings related to state self-compassion, and these feelings statistically explained how self-affirmation increased pro-social behavior to a shelf-collapse event. Self-affirmation also increased desire for charitable giving, but we were not able to shed light on the process explaining this effect in Study 1. And notably, although Study 1 was appropriately powered to test main effects of self-affirmation on self-compassion and helping outcomes, it was underpowered to test potential mediating pathways. Nonetheless, Study 1 provided the first test of sensitive pre-post-affirmation changes in affective mechanisms (including self-compassion) of behavioral helping to a shelf-collapse incident (see Figure Figure11). Our results provide preliminary evidence that self-affirmation increases compassionate feelings compared to the control writing exercise. In accordance with the self-compassion perspective, affirmation increased compassionate feelings (e.g., sympathy) but also decreased self-criticism dimensions (e.g., critical; consistent with theoretical accounts of self-compassion, Neff, 2003a). Though our results do not suggest that feelings of love or connection or general positive affect mediate the effects of self-affirmation on pro-social behavior, we can not definitively rule out that possibility.
Like the self-transcendence account, our Study 1 outcome showing that self-affirmation increases pro-social behavior is consistent with the idea that self-affirmation fosters social connectedness (Crocker et al., 2008; Burson et al., 2012), but our Study 2 findings suggest that these compassionate feelings may be directed toward the self (and not toward a peer). However, further research is necessary to clarify this finding. In Study 1, feelings of compassion boost pro-social behavior, but in Study 2, other-directed feelings of compassion are not impacted by self-affirmation writing. A ceiling effect may explain this seeming difference; the confederate “other” storytelling video we used was rather high quality, and may not have solicited a need for compassion, thus explaining the lack of variability in participants’ responses across conditions. Or, it’s possible that watching a peer’s slightly embarrassing video might not elicit a compassionate vs. judgmental response comparable to feelings of self-compassion vs. self-judgment in response to the self video. Future work is needed to establish whether self-affirmation also increases compassionate feelings for others in need, perhaps using different methods to compare self- vs. other-directed compassionate responses.
The Judiciary Act of 1789, one of those laws, states that "in all courts of the United States, the parties may plead and manage their own causes personally." It follows that federal judges must respect the pro se litigants' right to represent themselves. Thus, the Supreme Court and Congress have means to remedy the problems with federal judges who disrespect and ignore the rights of pro se litigants.
The Pro Se Education Program helps you learn about the divorce and parentage process. It will educate you about your responsibilities during the court process. It will help you understand court procedures and what forms you need to fill out. You will also learn about services available to help with problems affecting families. Anyone may attend, whether or not they are a party to a case. Classes are free.
Money changes people, but it also is changed itself. All cash is change. In Debt: The First 5,000 Years, David Graeber, drawing on British classicist Richard Seaford’s Money and the Early Greek Mind, suggests a link between the history of coinage and that of philosophy. The Greek city of Miletus was, around 600 BC, perhaps the first city where coins instead of credit were used in daily life. Around the same time, Thales, Anaximander, and Anaximenes were arguing that there was a universal substance that could turn into everything else—water, or air, or a special substance called the apeiron. They theorized that this material could, under different conditions, be transmuted into anything. The analogy is clearer if you think of gold as the universal substance The metal in a coin has its own physical characteristics, as do seashells or fire or the enormous stone disks of the isle of Yap. Owing to particular social circumstances, that metal has an additional property of being exchangeable for anything, provided you have enough of it and someone else has and will give up what you want. But here one runs into a contradiction that's vexed thinkers since the Axial Age. Are there fixed, natural reasons for gold to be worth something, or is it an arbitrary social convention? It’s been very important to a number of people to insist that there’s a particular value embodied in gold. This is a question about how much you can trust money.