“One statistic asserts that 90 percent of Americans will face a lawsuit at some point in their lives,” Zeidwig points out. “Yes, it’s possible to represent yourself in court, but you need to know specifically what to do in order to be best prepared. For example, how much time you have to file documents and such is rigid — if you miss the deadline, you’re in serious trouble.”
We hypothesized that self-affirmation would increase feelings related to self-compassion, and that these feelings would mediate the effects of self-affirmation on increased pro-social behavior to a laboratory shelf-collapse incident (Study 1). In Study 2, we tested the specificity of self-affirmation on compassion, predicting that self-affirmation would increase feelings of self-compassion but not other-directed compassion in evaluating a mildly embarrassing video (their own “self” video vs. a peer “other” video). As previous studies indicate that self-affirmation may be particularly effective at buffering threats to participants who are the most resource deficient (e.g., among ego-depleted participants: Schmeichel and Vohs, 2009; participants with high levels of anti-social behavior: Thomaes et al., 2012), we hypothesized a moderating role of trait self-compassion in Study 2, such that self-affirmation would be more likely to increase self-compassionate feelings (to watching the “self” video) among participants who had pre-existing low levels of trait self-compassion.
According to Boston Bar Association Task Force 1998 report in every court studied by the task force, litigants without lawyers are present in surprising numbers. In some counties, over 75% of the cases in Probate and Family Courts have at least one party unrepresented. In the Northeast Housing Court, over 50% of the landlords and 92% of the tenants appear without lawyers in summary process cases.
A video from Washington's judicial branch challenges some mistaken ideas about how courts work by using real person-on-the-street interviews and responses from judges, justices, a court clerk and a state legislator. The video was produced by the Public Trust & Confidence Committee of the Board for Judicial Administration (BJA) in partnership with Washington's public affairs station, TVW, with financial support provided by the Washington State Gender and Justice Commission and Minority and Justice Commission.
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 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.
Also, I don’t know what this obligation is to give access to justice that is apparently on the shoulders of individual lawyers. I only know of the 6th Amendment right to an attorney for defendants in a criminal trial, in which case any lawyer could be appointed to represent a defendant; I know of no other obligation to make legal services available to everyone on demand. But you can’t seriously tell me that you don’t pit pro se litigants against lawyers and publish the articles you do. I know some lawyers who are pretty burnt out dealing with pro se nonsense, and I know some who are more generous to those who play lawyer for themselves, but when your opposing counsel is a pro se litigant who can’t distinguish you from your client, or doesn’t understand why you’re representing your client vigorously and then goes on the defense, you wish you could just tell them what is obvious to you: it’s not about them. For example, I might be hesitant to encourage Tanya here to represent herself since she doesn’t seem to understand the difference between pro bono and contingency and statutes and case law, and that she hasn’t actually found any case law yet before deciding to pursue her lawsuit on her own and presenting what may be a matter of first impression, but that’s not my business…
Appropriate action may include direct communication with the judge or lawyer, other direct action if available, reporting the conduct to the appropriate authorities, or, when the judge believes that a judge’s or lawyer’s conduct is caused by drugs, alcohol, or a medical condition, making a confidential referral to an assistance program. Appropriate action may also include responding to a subpoena to testify or otherwise cooperating with or participating in judicial or lawyer disciplinary proceedings; a judge should be candid and honest with disciplinary authorities.
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.
Congress also has a role. In extreme cases it has the power to remove judges, of course. But short of that, it can at least underscore the seriousness of the rights it established for litigants in the Judiciary Act. Whether through binding or nonbinding language on the topic, Congress can make clear that complaints about violations of the rights of pro se litigants must be taken very seriously by judicial councils.
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.
In 2011, the Federal Judicial Conference surveyed federal court clerks offices regarding pro se issues. They found that only 17 of 62 responding judges report that discovery is taken in most non prisoner pro se cases and only 13 reported that discovery is taken in most prisoner pro se cases.:21 In the same survey, 37% of judges found that most pro ses had problems examining witnesses, while 30% found that pro ses had no or few problems examining witnesses.:22 53% found that represented parties sometimes or frequently take advantage of pro se parties.:23 Only 5% reported problems of pro ses behaving inappropriately at hearings.:24 Respondents to the FJC study did not report any orders against non prisoner pro se litigation.