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.
Melville asks if we should have faith in the natural order of things when that order is constantly shifting and being replaced. The confidence-man offers platitudes and certainties to assure his marks that there are fixed values and then uses that faith to pull the ground out from under them. It’s interesting that in an authorial digression preemptively defending the book from imagined hordes of detractors Melville asserts the value of inconsistency. “No writer has produced such inconsistent characters as nature herself has,” he writes; if nature can bring forth duck-billed beavers, perhaps the novelist should be granted “duck-billed characters.”
Canon 3C(1)(c). In a criminal proceeding, a victim entitled to restitution is not, within the meaning of this Canon, a party to the proceeding or the subject matter in controversy. A judge who has a financial interest in the victim of a crime is not required by Canon 3C(1)(c) to disqualify from the criminal proceeding, but the judge must do so if the judge’s impartiality might reasonably be questioned under Canon 3C(1) or if the judge has an interest that could be substantially affected by the outcome of the proceeding under Canon 3C(1)(d)(iii).
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.
Congratulations! You have just filed your first Pro Se complaint. Feel free to share your new knowledge with as many people as you can, including any materials in this packet. Nothing is copyrighted, and duplication is encouraged. If you need any further assistance, please call the Pa. Coalition of Citizens with Disabilities at (717) 238-0172 voice or (717) 238-3433 TTY.
We’re pro se litigants, and we talk to other pro se litigants all day every day, probably more than any lawyer does. I can tell you no one needs to “pit” pro se’s against lawyers; you guys have that covered. Perhaps if you all would take more seriously your obligation to deliver access to justice, we wouldn’t need to stand in for you. Thanks again for the comment.
This constraint exists because lawsuit funding companies need a mechanism to be repaid when the case settles. As a trustee, the attorney after paying him or herself, is "trusted" to honor the existing liens on the case. In general a lawsuit funding company will not be comfortable relying on a plaintiff to repay without an attorney having the responsibility to distribute case proceeds.
One limitation of Study 1 is that we did not use a validated measure of state self-compassion, but constructed a composite measure of compassionate feelings using theoretically consistent items available from the administered affect checklist. It is possible that our composite self-compassion measure in Study 1 indexes other constructs besides self-compassion. To address this limitation, we conducted Study 2 to test whether self-affirmation increases self-compassion using a validated behavioral measure of self-compassionate feelings in response to a storytelling task (Leary et al., 2007). Moreover, a limitation of our Study 1 findings, like previous studies (Crocker et al., 2008), is that an alternative compassion explanation can be offered – specifically, it is unclear whether the increase in compassionate feelings in Study 1 are directed toward the self (consistent with our self-compassion account) or toward others (or toward both the self and others). Study 2 directly tests this self vs. other-focused compassion account of self-affirmation by manipulating whether participants provide ratings of their compassionate feelings toward their own storytelling video (self) or to the video of a peer (other). Study 2 also provided an opportunity to extend our self-compassion account by testing the role of trait self-compassion in moderating self-affirmation effects (we did not include a trait self-compassion individual difference measure in Study 1, a study limitation). Specifically, participants in Study 2 completed a measure of trait self-compassion (Neff, 2003b; Raes et al., 2011) to test whether self-affirmation effects on self-compassion are moderated by trait self-compassion, such that self-affirmation increases self-compassionate feelings most in participants who have pre-existing low levels of trait self-compassion.
Study 2 also provides some specificity around the relationship between self-affirmation and self-compassionate feelings; we did not find evidence that self-affirmation affected more general performance perceptions of the self or peer storytelling videos, though our study may be underpowered to detect subtle differences in this dimension of self-compassion. Though we do not definitively rule out this possibility, our results suggest that self-affirmation effects may be specific to affective measures of self-compassion, which is consistent with the affective change in self-compassion we observed in Study 1.
Self-Representation.—The Court has held that the Sixth Amendment, in addition to guaranteeing the right to retained or appointed counsel, also guarantees a defendant the right to represent himself. this a right the defendant must adopt knowingly and intelligently; under some circumstances the trial judge may deny the authority to exercise it, as when the defendant simply lacks the competence to make a knowing or intelligent waiver of counsel or when his self-representation is so disruptive of orderly procedures that the judge may curtail it. the essential elements of self-representation were spelled out in McKaskle v. Wiggins…
Canon 3A(4). The restriction on ex parte communications concerning a proceeding includes communications from lawyers, law teachers, and others who are not participants in the proceeding. A judge may consult with other judges or with court personnel whose function is to aid the judge in carrying out adjudicative responsibilities. A judge should make reasonable efforts to ensure that law clerks and other court personnel comply with this provision.
There are some notable records of pro se litigants winning more than $2,000 as plaintiffs: Robert Kearns, inventor of the intermittent windshield wiper who won more than $10 million from Ford for patent infringement; Dr. Julio Perez (District of Southern New York 10-cv-08278) won approximately $5 million in a federal jury trial from Progenics Pharmaceuticals for wrongful termination as a result of whistleblowing; Reginald and Roxanna Bailey (District of Missouri 08-cv-1456), a married couple, who together won $140,000 from Allstate Insurance in a federal jury trial; George M. Cofield, a pro se janitor, won $30,000 from the City of Atlanta in 1980; and Jonathan Odom, a pro se prisoner, who while still a prisoner, won $19,999 from the State of New York in a jury trial. Timothy-Allen Albertson, who appeared in pro. per., was awarded $3,500 in 1981 in a judgment by the San Francisco Municipal Court entered against the Universal Life Church for defamation by one of its ministers.
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”).
Aside from her family appellate matters, Christa has also been successful in small claims. In 2017 Christa brought a pro se complaint against an auto body repair shop after it made faulty repairs to her vehicle. The shop hired an aggressive attorney, but Christa successfully pushed the case to a settlement for the full amount of her claim. Although Christa cannot and will not offer legal advice, she genuinely engages with her clients, is always happy to lend a listening ear and to share her own pro se experiences. Christa encourages her customers to educate themselves of the system and the laws which she believes results in an empowered and confident pro se litigant.
Christa Adkins, the owner of Pro Se One Stop Legal Document Services, LLC, offers highly personalized services to her customers because she has stood in their shoes and knows the fears and frustrations of navigating the legal system alone. Christa is not an attorney, but dedicates her heart and soul to helping other pro se litigants navigate the legal system and fill out their legal documents and forms. Christa has been highly successful in her own pro se endeavors. In 2016, she took her first appeal to the Third District Court of Appeal and successfully had the trial court reversed. Additionally, in 2016 she filed a successful pro se motion for disqualification of the trial judge and the trial judge was removed from her case. In 2017 Christa successfully submitted a pro se Petition for Writ of Certiorari to the Third District Court of Appeal. Her petition was granted.
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).
The United States ranks an abysmal twenty-five out of thirty-five countries with similar per capita incomes, measured on accessibility and affordability of civil justice in the Rule of Law Index prepared by the World Justice Project.25 The United States consistently fails to provide accessible and adequate legal assistance, and will continue to do so as long as an adversarial system continues and until much more civil legal service funding is provided. Judges foresee the continued erosion of public confidence in the justice system as it becomes increasingly beleaguered by unrepresented litigants, overtaxed courts, and overwhelmed judges.
Yet the tone of the book isn’t quite satirical; it’s not exactly an indictment of the materialism and gullibility of American society. Melville’s confidence-man doesn’t try to persuade marks, not exactly. His method takes the form of a dialogue on why trust is better than mistrust, an argument for the need to have faith in nature and mankind. Much of the book is taken up with elaborate philosophical arguments on questions such as whether nature is always good, whether a boy’s character predicts the man he will become, the ethics of loaning money, and, above all, whether one should have confidence, or trust, in one’s fellow man. The effect is a bit as if Plato had Socrates, while arguing that justice is better than injustice, convince Glaucon to lend him his watch. It’s an odd book about materialism that spends all its time with its head in the clouds—although there’s no better time to pick a man’'s pocket than while he’s stargazing. There’s a slight scent of brimstone to the confidence-man, as if he’s come to earth as part of an infernal bet on the fallibility of human nature. Or, as the novel’s most caustic cynic, a one-legged man who believes that a crippled beggar called Guinea is a white man in blackface, says, “Money, you think, is the sole motive to pains and hazard, deception and deviltry, in this world. How much money did the devil make by gulling Eve?” Yet as it turns out, the philosophical claims the novel’s characters dispute, about human nature and the obligations of human beings toward each other, have much to do with the particular economic form of the society they inhabit.
Canon 4C. A judge may attend fund-raising events of law-related and other organizations although the judge may not be a speaker, a guest of honor, or featured on the program of such an event. Use of a judge’s name, position in the organization, and judicial designation on an organization’s letterhead, including when used for fund raising or soliciting members, does not violate Canon 4C if comparable information and designations are listed for others.
Defendants who choose to appear pro se may do so because they believe they may gain tactical advantages against the prosecutor, such as obtaining sympathy from the jury, the opportunity to personally address the jury and witnesses. Pro se appearances may also delay the trial proceedings and enhance the possibility of a mistrial and a subsequent appeal.