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.
This surprisingly easy hack is one that can be done anytime, anywhere--and is rarely done enough. People underestimate the power of an erect spine or a rigid stance. Carrying yourself like you are proud to be who you are indirectly gives your brain feedback that you are indeed a lovely human, so that you subsequently positive feelings about yourself. Who knew the body could be such a powerful tool?
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,:
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.
Clerk’s staff and judges in Brooklyn now refer pro se litigants to a new on-site center called the Pro Se Legal Assistance Project. There, a small legal staff from the New York City Bar Justice Center helps clients more effectively pursue their cases. The center assists with strategizing, document drafting and procedural guidance, but does not directly represent litigants in court.
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
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.
The State Bar of Georgia provided the number of lawyers by county in 2016. By combining this data with information from the Self Represented Litigation Network, available census data from the 2014 American Community Survey, 2015 statistics from the Federal Communications Commission, data from the Center for Neighborhood Technology, and 2016 information from the Georgia Legal Services Program (GLSP) and the Atlanta Legal Aid Society (ALAS), the map provides insight into attorney representation and other factors that impact access to justice throughout the state.
The inconsistent character embodies a contradiction that isn’t just a jumble but a tension that can resolve into something else. The confidence-man is trust and mistrust at once, a number of different people in one, an impossible ability to transform—and also the exact symbol of an emerging market society, the no-man and everyman you need to both trust and mistrust in order to exist under capitalism. But, in another intrusion, Melville asks:
Reflecting on an important personal value in a self-affirmation exercise has been shown to have a broad range of beneficial effects across over 225 published studies (for reviews, see Sherman and Cohen, 2006; Cohen and Sherman, 2014). For example, a brief self-affirmation of an important personal value, such as writing about why you value friends and family, has been shown to buffer many different threats to the self, such as reducing rumination in response to failure feedback (Koole et al., 1999), lowering stress reactivity to social evaluation (Creswell et al., 2005, 2013), and in mitigating the effects of stereotype threat on academic performance in classroom settings (Cohen et al., 2006; Miyake et al., 2010). Despite this large body of work, the mechanisms of self-affirmation are not well specified, and currently two theoretical perspectives have been offered to explain how self-affirmation exerts its effects. A longstanding theoretical perspective posits that self-affirmation boosts one’s self-image for coping with self-threats (Sherman and Cohen, 2006). Although some studies provide support for this self-resources account (e.g., increasing self-esteem and self-regulatory strength; Schmeichel and Vohs, 2009; Sherman and Hartson, 2011), empirical support for this mechanistic explanation has been limited (Sherman and Cohen, 2006; Crocker et al., 2008). In contrast, a more recent theoretical perspective offers that self-affirmation enables one to transcend self-image concerns by increasing other-directed feelings (Crocker et al., 2008). In one influential study, Crocker et al. (2008) showed that affirmed participants reported greater feelings of love and connection, and that these feelings statistically explained how self-affirmation reduced defensiveness to a threatening health message.
Deference to the judgments and rulings of courts depends on public confidence in the integrity and independence of judges. The integrity and independence of judges depend in turn on their acting without fear or favor. Although judges should be independent, they must comply with the law and should comply with this Code. Adherence to this responsibility helps to maintain public confidence in the impartiality of the judiciary. Conversely, violation of this Code diminishes public confidence in the judiciary and injures our system of government under law.
Experimenters remained blind to participants’ affirmation condition during the experimental session, following procedures as in Study 1. Following procedures from recent self-compassion research (Leary et al., 2007, Study 4), participants arrived at the lab one-at-a-time for a study they believed explored the influence of adults’ moods on story telling. After providing written informed consent, participants completed individual difference baseline measures, including trait self-compassion (Neff, 2003b; Raes et al., 2011). Specifically, participants completed the 12-item Self-Compassion Scale – Short Form, which measures the frequency of self-compassionate feelings on a day to day basis (anchored 1 = almost never to 5 = almost always). Items were averaged to form a composite measure of trait self-compassion, with negative items reverse-scored (α = 0.86; Neff, 2003b; Raes et al., 2011). Trait self-compassion was embedded among two other exploratory baseline questionnaires: the NEO Five-Factor Inventory (NEO-FFI) Extraversion subscale (Costa and McCrae, 1992), and the Dispositional Positive Emotions Scale (DPES) Compassion subscale (Shiota et al., 2006). Then, following existing procedures for testing compassionate feelings (Leary et al., 2007, Study 4), participants were videotaped while telling an extemporaneous children’s story beginning with, “Once upon a time, there was a little bear…” for 90 s. Participants, who believed we were collecting pilot data for an unrelated study, next completed a 3-min self-affirmation or control writing exercise as described in Study 1. Additionally, participants completed a 4-item manipulation check (α = 0.97) assessing whether the writing exercise was important to their self-identity. Specifically, participants rated the personal importance of the value they wrote about on a 6-point Likert scale (strongly disagree – strongly agree; i.e., “This value is an important part of who I am;” “In general, I try to live up to this value”).
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]

"It can be beneficial for self-represented litigants to work informally with one another and with other nonattorneys to acquire and spread information about navigating the eviction process.  We acknowledge, of course, that it is unlawful for any nonattorney to engage in the unauthorized practice of law -- for instance, by signing and filing a complaint on behalf of an unrepresented litigant.  ...But there are plenty of ways for nonattorneys to assist litigants without venturing into the unauthorized practice of law.  ... In a complex, high-stakes process where the right to counsel is not guaranteed and professional assistance is not universally available, the assistance provided by nonattorneys may be the only way for many litigants to learn about and assert their rights."
Very often, we forget to value ourselves as people. We place great emphasis on the things we've accomplished, the work we've put out, and the actions we've done. At the end of the day, however, what really matters is who we are--and how those we love see us. Surround yourself with people who care deeply about you outside of your material output, and watch your self-love skyrocket.
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
Judges also support greatly increased funding for lawyers in civil cases for litigants who cannot afford representation out of self-interest. Most local and state judges are elected or appointed to serve for a specified term, to which they may be either reelected or reappointed.21 They are periodically evaluated by the public or the appointing authority. Judges perceived as showing partiality – for example, by providing permitted assistance to unrepresented litigants – may lose elections or reappointments. Judges’ careers can be marred by complaints from unrepresented litigants who, because they do not have the benefit of legal advice, have unreasonable expectations about courts and law.22 The presence of lawyers on both sides of a case insulates judges from perceptions of impartiality and from litigant complaints.
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
(6) A judge should not make public comment on the merits of a matter pending or impending in any court. A judge should require similar restraint by court personnel subject to the judge’s direction and control. The prohibition on public comment on the merits does not extend to public statements made in the course of the judge’s official duties, to explanations of court procedures, or to scholarly presentations made for purposes of legal education.
Clerk’s staff and judges in Brooklyn now refer pro se litigants to a new on-site center called the Pro Se Legal Assistance Project. There, a small legal staff from the New York City Bar Justice Center helps clients more effectively pursue their cases. The center assists with strategizing, document drafting and procedural guidance, but does not directly represent litigants in court.
According to Utah Judicial Council report of 2006, 80 percent of self-represented people coming to the district court clerk's office seek additional help before coming to the courthouse. About 60 percent used the court's Web site, 19 percent sought help from a friend or relative, 11 percent from the court clerk, and 7 percent went to the library. In the justice courts, 59 percent sought no help.[40]
A judge should be sensitive to possible abuse of the prestige of office. A judge should not initiate communications to a sentencing judge or a probation or corrections officer but may provide information to such persons in response to a formal request. Judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees seeking names for consideration and by responding to official inquiries concerning a person being considered for a judgeship.
An individual’s right to represent himself or herself in federal court is expressly codified in 28 U.S.C. § 1654 (2018), which provides: “In all courts of the United States the parties may plead and conduct their own cases . . . therein.” Similarly, many states have codified the rights of pro se litigants in their respective constitutions and statutes. Drew A. Swank, “The Pro Se Phenomenon,” 19 BYU J. Pub. L. 373, 375 (2005). Indeed, according to the Supreme Court, there is “no evidence that the . . . Framers ever doubted the right of self-representation, or imagined that this right might be considered inferior to the right of assistance of counsel.” Faretta v. California, 422 U.S. 806, 832 (1975).
Some courts issue orders against self representation in civil cases. A court enjoined a former attorney from suing the new lover of her former attorney.[27] The Superior Court of Bergen New Jersey also issued an order against pro se litigation based on a number of lawsuits that were dismissed and a failure to provide income tax returns in case sanctions might issue.[28] The Superior Court of New Jersey issued an order prohibiting a litigant from filing new lawsuits.[29] The Third Circuit however ruled that a restriction on pro se litigation went too far and that it could not be enforced if a litigant certified that he has new claims that were never before disposed of on the merits.[30] The 10th Circuit ruled that before imposing filing restrictions, a district court must set forth examples of abusive filings and that if the district court did not do so, the filing restrictions must be vacated.[31] The District of Columbia Court of Appeals wrote that "private individuals have 'a constitutional right of access to the courts',[32] that is, the 'right to sue and defend in the courts'."[33]
×