(4) A judge should accord to every person who has a legal interest in a proceeding, and that person’s lawyer, the full right to be heard according to law. Except as set out below, a judge should not initiate, permit, or consider ex parte communications or consider other communications concerning a pending or impending matter that are made outside the presence of the parties or their lawyers. If a judge receives an unauthorized ex parte communication bearing on the substance of a matter, the judge should promptly notify the parties of the subject matter of the communication and allow the parties an opportunity to respond, if requested. A judge may:
In New Hampshire one party is pro se in 85% of all civil cases in the district court and 48% of all civil cases in the superior court in 2004. In probate court, both sides are unrepresented by lawyers in 38% of cases. In superior court domestic relations cases, almost 70% of cases have one pro se party, while in district court domestic violence cases, 97% of the cases have one pro se party.
Shauna Strickland. Virginia Self-Represented Litigant Study: Outcomes of Civil Cases in General District Court, Juvenile & Domestic Relations Court, and Circuit Court. (December 2017). This report characterizes Circuit Court civil cases by analyzing caseload composition, the presence of legal representation, the level of case contention, and case outcomes.
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.
Courts across the country are increasing the resources available to the surge of pro se litigants attempting to navigate the judicial system. Courts are not only addressing the legal and procedural obstacles facing pro se litigants, but they are also focusing on “sociological [and] psychological aspects of how unrepresented litigants feel about the overall litigation experience.” Id. at 3. Likewise, attorneys, and civil trial lawyers in particular, must be cautious of the challenges and special considerations involving pro se litigants.
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.
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
(D) Remittal of Disqualification. Instead of withdrawing from the proceeding, a judge disqualified by Canon 3C(1) may, except in the circumstances specifically set out in subsections (a) through (e), disclose on the record the basis of disqualification. The judge may participate in the proceeding if, after that disclosure, the parties and their lawyers have an opportunity to confer outside the presence of the judge, all agree in writing or on the record that the judge should not be disqualified, and the judge is then willing to participate. The agreement should be incorporated in the record of the proceeding.
My question is: Can I serve my soon to be ex-wife a Discovery request even though I’m pro se and representing myself? I was served with a request from her attorney after our hearing for temporary alimony and child support and I want to counter act with a request as well. Her attorney is taking full advantage of my pro se circumstances and incompetent knowledge of divorce law as she should. I don’t want this to be an easy win for her when I have evidence that can work in my favor. I just need to find the best way to get it in front of the judge without being bullied in the court room. I don’t know my rights as a pro se litigant and I need as much advice as possible. I picked up her financial affidavit from the clerks office and she’s leaving out a lot of income that needs to be uncovered in my case. The issue is being overwhelmed by all of her attorney deadlines and demands which sidetracks my course of action to respond in my defense appropriately.
One never steps into the same society twice? In this assembly of strangers, a man one meets one day will in all likelihood never be seen again. It’s a world of anonymity, shifting identity, and, because of this, mistrust. In a close-knit community, neighbors might think nothing of owing each other debts to be repaid at some indefinite point in the future, but not so much on a moving ship.
Handling Cases Involving Self-Represented Litigants: A Benchguide for Judicial Officers. (January 2007). Center for Families, Children, and the Courts. California Administrative Office of the Courts This comprehensive bench guide, the first of its kind, was designed to help judicial officers handle the increase in cases involving self-represented litigants. Twelve chapters of helpful suggestions are provided, along with sample scripts and checklists.
Canon 4F. The appropriateness of accepting extrajudicial assignments must be assessed in light of the demands on judicial resources and the need to protect the courts from involvement in matters that may prove to be controversial. Judges should not accept governmental appointments that could interfere with the effectiveness and independence of the judiciary, interfere with the performance of the judge’s judicial responsibilities, or tend to undermine public confidence in the judiciary.
I’ve filed and served a request for admissions which the Defendant”s attorney failed to answer within the 30 day period allotted by rule here in Oregon. The rules also state that a failure to answer the request will result in admission of the answers requested. From what I can glean from the rules, I now need to file a “Motion To Determine Sufficiency”. If I fail to file such a motion, can I simply ask the court to declare, at the outset of trial, that the defendant, by failing to answer the admissions request, has in fact admitted certain facts which I no longer must prove at trial?
He convinces the barber to sign a contract agreeing to remove the offending sign and promising to have confidence in people; the confidence-man in turn agrees “to make good to the last any loss that may come from his trusting mankind, in the way of his vocation, for the residue of the present trip.” And then, deal done, he walks out, asking the barber to have confidence that he’ll pay him back for the shave.
Genius often makes itself known in short bursts, so don't let it go when it comes around. If you have a great idea for a new work process, a recipe to try, or even a way to drive more efficiently, write it down. This way, you'll remember the strokes of genius that fleetingly pass through, and you'll be able to look back on them and remind yourself of the little things when you're feeling down.
Pro Se is a newsletter published bi-monthly by Prisoners’ Legal Services of New York for incarcerated individuals in New York State prisons. Pro Se provides information and analysis on recent developments in the law. Pro Se advises people in prison of changes in the law, provides practice pieces to assist them in complying with statutory and regulatory requirements, and explains technical aspects of various laws affecting prisoners. Pro Se is sent free of charge to individuals incarcerated in New York State who request to be placed on our mailing list.
Yet the world of the ship is also a land of gab. Conversations and wheeling and dealing break out constantly. There’s a kind of aspirational sociability to life among strangers. It’s always possible that you’re walking into a den of thieves, but it’s more likely that most people are basically decent. If we took a position of total mistrust, we’d all wind up staying in our rooms the whole time to avoid getting fleeced or stabbed. There has to be some baseline level of confidence for exchange to occur, or even for people to just get along and pick up a story or two. Melville’s character hits people where they’re most vulnerable: by trying to act decently, by trying to follow humane norms of behavior, they end up suckers. A minister, for instance, denounces the embittered fellow who says a cripple is an imposter in blackface and gives the beggar a coin (rather than throwing it in his mouth, the cruel sport of the other guests). For his trouble he is rewarded with a visit from a man in gray, who praises him and says, “Since you are of this truly charitable nature, you will not turn away an appeal in behalf of the Seminole Widow and Orphan Asylum?” But the cynics don’t fare any better: a stingy miser buys some herbal concoction in the hope that it will soothe his pain, and a misanthrope who’d rather have machines than boys work his farm agrees to take on a lad from another smooth operator’s Philosophical Intelligence Office, a kind of antebellum temp agency. The confidence-man worms his way into the pockets of trusting and suspicious passengers alike.
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.
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.
Canon 2A. An appearance of impropriety occurs when reasonable minds, with knowledge of all the relevant circumstances disclosed by a reasonable inquiry, would conclude that the judge’s honesty, integrity, impartiality, temperament, or fitness to serve as a judge is impaired. Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges, including harassment and other inappropriate workplace behavior. A judge must avoid all impropriety and appearance of impropriety. This prohibition applies to both professional and personal conduct. A judge must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen. Because it is not practicable to list all prohibited acts, the prohibition is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. Actual improprieties under this standard include violations of law, court rules, or other specific provisions of this Code.
One newspaper report from the time suggests Parker did fine, though it was clear he was an amateur. He arrived with a thick pile of notes, wagged his fingers at the justices, and wore striped pants and a cutaway jacket. That was what all lawyers once wore to argue at the court, but it had fallen out of favor for all but government lawyers by the time Parker appeared before the court.
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.
Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. Moore & Moore Attorneys at Law -- [email protected]
Do I have the time and resources available to represent myself pro se? As you can see, there is a lot of learn before representing yourself at a child custody hearing. Parents considering pro se representation should carefully consider whether they have the time, determination, and undivided attention necessary to dedicate to this task before deciding to go it alone in court.
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:
Lawsuit Funding for Attorneys Litigation funding for Plaintiffs Litigation Finance Brokers Choosing a Litigation Finance Company Choosing Between Litigation Finance Companies Understanding Lawsuit Funding Companies Litigation Finance Firms Litigation Finance Trade Associations Litigation finance funds Find a Litigation Finance Firm Disrupting Hedge Funds in Litigation Finance Investors in Litigation Finance Litigation finance vs. private equity Champerty in Litigation Finance Disclosure of Litigation Funding Privilege Doctrines in Litigation Funding Regulations in Litigation Finance Legislation on Lawsuit Funding Finding the lowest litigation finance rates Litigation Funding Moves into the Mainstream Trends in Litigation Finance The Legal Funding Industry Statistics on Litigation Funding The History of Lawsuit Funding Key Risks in Litigation Funding The Growth of the Litigation Finance Industry The Market For Litigation Finance The Market Size of Litigation Finance Litigation Finance Explained Litigation Finance Definitions A Handbook for Litigation Finance How does Litigation Funding Work? Litigation Finance Primer The Pros and Cons of Lawsuit Funding Tax Treatment of Litigation Finance Litigation Finance and Usury Are litigation finance contracts loans? Post-judgment Litigation Funding Is litigation finance available for pro se cases? Getting the Fastest Litigation Funding Pre-settlement Lawsuit Funding Legal Funding for Workers Compensation Claims Legal Funding for Civil Cases Can litigation funding be an alternative to legal aid? Careers in Litigation Finance
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.
The duty under Canon 2 to act in a manner that promotes public confidence in the integrity and impartiality of the judiciary applies to all the judge’s activities, including the discharge of the judge’s adjudicative and administrative responsibilities. The duty to be respectful includes the responsibility to avoid comment or behavior that could reasonably be interpreted as harassment, prejudice or bias.
With that said, some breaches of procedure by a pro se litigant are important, while others are not. To navigate these inevitable breaches to the benefit of a client, counsel must determine how the court generally views such breaches and take steps to ensure the court understands when the breaches are material (e.g., the breach prejudices a party unfairly). However, even potentially armed with such knowledge, the court may have a “tendency to stretch or ignore the procedural rules in the pro se litigant’s favor.” Id. at 50. While counsel can continually remind the court that the pro se litigant must be held to the same standard as an attorney, “some courts may still regard procedural breaches as relatively unimportant.” Id. Thus, it becomes imperative “to convince the court that the procedural breach is a serious matter.” Id. In other words, counsel must educate the court in both a succinct and compelling way—whether through an oral objection or appropriate written means—that the pro se litigant’s procedural failure is unduly prejudicial to counsel’s client, the court, the administration of justice generally, or some or all of these.
Mediation analyses (Baron and Kenny, 1986) were consistent with the prediction that increases in feelings of compassion explain how self-affirmation increases helping behavior to the shelf-collapse incident. A series of multiple regression analyses showed that change in state self-compassion was an intervening variable for the effects of self-affirmation on increasing pro-social behavior to the shelf-collapse incident. As predicted, greater feelings of compassion predicted greater helping behavior [β = 0.30, t(45) = 2.14, p = 0.04], whereas the path between the self-affirmation manipulation predicting helping behavior was no longer significant [β = 0.21, t(45) = 1.52, p = 0.14; Figure Figure22]. The significance of the indirect (mediating) effects of self-compassion was confirmed using an SPSS bootstrapping procedure (Preacher and Hayes, 2004); the indirect effect estimate of feelings of self-compassion was 0.43, with the 95% confidence interval not encompassing 0 (0.06–1.01), indicating a significant mediation effect. We also tested whether feelings of compassion mediate the relationship between self-affirmation condition and charitable giving on the spending survey. Controlling for family income, greater feelings of self-compassion did not predict increased hypothetical charitable giving [β = -0.10, t(48) = -0.78, p = 0.44], and the path between the self-affirmation manipulation predicting charitable giving remained significant [β = 0.35, t(48) = 2.54, p = 0.01].
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. 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".