116. A difference-in-differences analysis is an analysis that looks at two samples (here, EDNY pro se litigant outcomes and non-EDNY pro se litigant outcomes) and compares the difference in the average result between those two groups before and after a treatment. This analysis compares the difference between EDNY and non-EDNY pro se litigant outcomes before the pro se reform with the difference between EDNY and non-EDNY pro se litigant outcomes after the pro se reform. Non-EDNY in this analysis refers to all New York federal district courts other than EDNY: the Northern District of New York, SDNY, and Western District of New York. The treatment effect is the difference between these two differences—that is, the difference in differences. For more discussion of this methodology, see generally Marianne Bertrand, Esther Duflo, and Sendhil Mullainathan, How Much Should We Trust Differences-in-Differences Estimates?, 119 Q J Econ 249 (2004).
As a general rule, the judges surveyed stated that a pro se litigant must comply with the rules and orders of the court, [and] enjoy no greater rights than those who employ counsel. Although pro se pleadings are viewed with tolerance a pro se litigant, having chosen to represent himself, is held to the same standard of conduct and compliance with court rules, procedures, and orders as are members of the bar. A party's pro se status does not require us or the trial court to assume he must be led by the hand through every step of the proceeding he initiated.
Courts and commentators appear to believe these reforms are effective. Chief judges and clerks of courts were asked in the FJC Survey about the most effective measures for helping nonprisoner pro se litigants. Tables 1.1 and 1.2, reproduced from the FJC Survey below, show that both clerks' offices and chief judges at district courts believe measures like those discussed above are effective at improving outcomes for nonprisoner pro se litigants.68
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.
Unfortunately, with fees charged by lawyers commonly running in excess of $150 an hour, it may not make economic sense—or even be financially possible—for you to hire a lawyer. Even if you win and are able to collect what the other side owes you, the lawyer's fees may devour much of your gain. As a result, representing yourself in court or dropping your claim or defense altogether may be your only realistic alternatives.
Attempts by defense counsel to rationally contend with pro se plaintiffs can be frustrating and emotionally taxing. Many employers and in-house counsel see pro se plaintiffs as less of a legal threat, and have difficulty in understanding why defense counsel simply cannot "make this problem go away" without spending a great deal of billable time on the matter.
There are several important limitations to using this data. First, the exact date of the survey is unclear and, relatedly, the exact dates that each district court responded that it was employing or not employing these procedures is uncertain. The analysis is conducted using cases filed between 2008 and 2010. Accordingly, if a large number of district courts altered their policies shortly before this survey was conducted or if the survey was conducted substantially before the survey was published, it's possible that this analysis would undercount the effects of those policies. In either of those scenarios, the full consequences of these reforms might not be seen in the 2008–2010 data sample. However, there is no information suggesting that either possibility is reflected in reality. Courts and commentators have been discussing and attempting to solve the challenges of pro se litigation for decades and implementing reforms for at least a decade; it seems unlikely that they all started implementing these solutions immediately prior to the survey.96
Let's say you go to court and a court reporter is not present. You argue very strong points against an attorney with weak ones. Despite both the law and facts on your side, you lose. Think an appellate court will understand what went wrong and overturn the ruling? Probably not. Appellate courts will find many excuses not to overturn a lower court ruling. Without a court reporter's transcript, an appellate court will say that the lower court was in the best position to evaluate the arguments made. Then, they'll let the lower court decision stand. A court reporter, on the other hand, creates an official record of proceedings that can be sent to the appellate court. In the lower court, the simple presence of a court reporter greatly curtails judicial bias and bad behavior from lawyers. With that, you have a better chance of getting a fair hearing. To learn more about the effect of court reporters on judges and lawyers see, A Court Reporter Stops All Foolishness.
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…
This book explains rules and techniques for preparing and trying a civil case, including how to handle a case in family court or bank­ruptcy court. It does not cover criminal cases. See "Civil and Criminal Cases," below. You will learn how to figure out what evidence you need to present a legally solid case, whether you are a plaintiff or a defendant. Among other things, you will learn:
This book is designed both to increase your overall understanding of the litigation process and to provide detailed advice about each stage of trial. Unless you are ­already in the midst of trial and need to refer to a particular chapter immediately, begin preparing to represent yourself by read­ing through the book as a whole. As you become familiar with the litigation process, you will understand the significance of procedures and techniques that may initially seem peculiar or unnecessary.
If you go by calls and emails Jurisdictionary receives, there's good reason for this! Lawyers who bail at the last minute. Lawyers who don't know what they're doing. And, worst of all, lawyers wishing to curry favor with judges, afraid to stand up to the buffalo in the black robe and demand their clients' rights by making timely objections and threatening appeal.
As Clerk of Court for the District of Idaho, my deputy clerks and I are willing to assist you with questions regarding the Local Rules of Civil Procedure and the Local Rules of Criminal Procedure for the District of Idaho as well as the Federal Rules of Civil Procedure and the Federal Criminal Rules of Procedure. However, by law we cannot answer questions of a legal nature. Do not hesitate to call on us regarding a procedural matter.
If you represent yourself in an admin­istrative hearing you should be as respect­ful to the ALJ as you would be to a judge, even though the former wears a suit and the latter a robe. Moreover, whether you address your arguments to a judge or an ALJ, you have the same need to present a clear and persuasive case. Make sure you understand the basis of an agency's action, or what evidence you need to produce to uphold your claim. Also, any witnesses you rely on should attend the hearing, and you should be ready to support your claim with documents and records.
Pro se representation presents unique but not insurmountable challenges for claimants and the legal system. In Louisiana, for instance, 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.[38] According to Erica J. Hashimoto, an assistant professor at the Georgia School of Law,:
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.
If you cannot attend a scheduled court  date (because of hospitalization or illness,  etc.), you may file a motion to postpone the  case. The Pro Se Staff will help you with the  preparation of the  motion and notice. In  addition, telephone your opponent to explain that  you need a continuance. If you and your opponent agree on another date, the Judge will try to  accommodate you. In any event, you or someone for  you should appear in court on the scheduled court date. The Judge will then grant or deny the  continuance.
Know the Rules of the Road. Before filing a lawsuit, you must carefully read your state's code of civil procedure and the court's local rules. If you also have federal claims and wish to file in federal court, then you must read the Federal Rules of Civil Procedure, as well as the particular district's local rules. In addition, some judges have their own rules called local local rules. You must familiarize yourself with these rules as well.
This Comment proceeds as follows. Part I provides an introduction to relevant case law, as well as key perspectives in the academy, on the rights of pro se litigants and procedural safeguards to protect pro se litigants. Part II presents an empirical overview of pro se litigation in federal district courts and contextualizes the typical types and outcomes of pro se litigation within the context of the federal docket. Part III details some of the policies that federal district courts have implemented thus far to improve the results of pro se litigation by comparing pro se outcomes in courts that have implemented those reforms with pro se outcomes in courts that have not implemented those reforms, and it demonstrates that those measures have not impacted case outcomes. Part IV then describes and analyzes the effects of wholesale reforms to the pro se litigation process in the Eastern District of New York (EDNY) by comparing case outcomes for pro se litigants in EDNY with those of neighboring districts before and after the implementation of reforms. Part IV bolsters the findings of Part III by showing that EDNY's wholesale pro se reform also did not impact the win rates of pro se litigants. Part V discusses some of the implications of the results detailed in Parts III and IV, and the Conclusion summarizes the contribution of this
Do I have a basic understanding of the required court documents? Mounds of documents can be very intimidating to a lot of people, legal officials included. Parents considering pro se representation should become familiar with various types of family law documents. Again, become friendly with the court clerk and ask for his or her help identifying the correct forms, where to get them, when they are due, and how they should be submitted.
There are also freely accessible web search engines to assist pro se in finding court decisions that can be cited as an example or analogy to resolve similar questions of law.[73] Google Scholar is the biggest database of full text state and federal courts decisions that can be accessed without charge.[74] These web search engines often allow pro se to select specific state courts to search.[73]
During my 17 years with Nolo Press, the nation's leading publisher of self-help law books, I have spoken with countless competent people, including many who excelled in demanding occupations--physicians, architects, teachers, dentists, inventors, physicists--who, when using Nolo books to handle their own cases, were treated like stupid children by clerks and judges. To a person, they thought they finally understood what it must often be like to be an African-American in our society. That their perception of bias was objectively accurate cannot be doubted in the face of that most deeply insulting bromide, so popular with lawyers: "He who represents himself has a fool for a client."
Ted Bundy, a man convicted of murdering 3 women, and suspected of murdering 30 more, chose to represent himself on and off during two separate murder trials in Florida. Bundy appeared pro se at several hearings at the beginning of his 1979 murder trial, which was the first nationally televised trial in U.S. history. Many people believed Bundy's insistence on taking the reins of his defense as a pro se litigant on many occasions to be hubris, as he believed he was more intelligent than investigators, prosecutors, and even defense attorneys on the case.
Whether you are a party to a lawsuit, a person representing yourself in a lawsuit, or an attorney representing a party in a lawsuit, you are subject to the rules of procedure for any court in which your case is filed. The federal courts are governed by the Federal Rules of Civil Procedure (Fed. R. Civ. P.) and the Federal Rules of Criminal Procedure (Fed. R. Cr. P.) as well as other rules of procedure regarding other areas such as evidence, appeals, etc. No matter what document or procedure you are involved with, you must follow the particular rule or rules that govern the matter.
This book explains each step of the civil litigation process from pre-litigation investigation through trial on the merits to give you the best chance of prevailing in your efforts whether you are a plaintiff or a defendant. Its detailed explanations of the various requirements of the litigation process are supported with detailed checklists that insure you leave nothing to chance as you work through the process and help you avoid the costly mistakes pro se litigants commonly make as they fight their lawsuits.
Table 3C tells a similar story as Tables 3A and 3B. Although there is some variation in the win rates, there is no discernable pattern. Pro se litigants do not consistently have better case outcomes in districts that have implemented more policies aimed at improving the lot of pro se litigants. Instead, the win rates of pro se litigants deviate only a couple of percentage points from the overall average win rates for pro se litigants even in districts that have implemented three, four, or more of the policies considered in this Comment.
What is a Pro Se Complaint? This is, quite simply, a lawsuit that a person files without a lawyer. The ADA Pro Se must be filed in Federal District Court., because the ADA is a Federal law. To find out which US District Court you will be filing your complaint in, look in the phone book blue (or green) pages, under United States Government Offices, "U.S. Courts".
Traditionally, legal representation was an all or nothing deal. If you wanted to hire a lawyer to represent you in a civil case, the lawyer would carry out all the legal tasks that the case required. If you couldn't afford to—or didn't want to—turn your entire case over to a lawyer, your only alternative was no lawyer at all: You would be a pro se litigant, representing yourself and single-handedly completing all legal tasks, such as preparing pleadings and appearing in court.
The American Bar Association (ABA) has also been involved with issues related to self-representation.[65] In 2008, the Louis M. Brown Award for Legal Access was presented to the Chicago-Kent College of Law Center for Access to Justice & Technology for making justice more accessible to the public through the use of the Internet in teaching, legal practice and public access to the law. Their A2J Author Project is a software tool that empowers those from the courts, legal services programs and educational institutions to create guided interviews resulting in document assembly, electronic filing and data collection. Viewers using A2J to go through a guided interview are led down a virtual pathway to the courthouse. As they answer simple questions about their legal issue, the technology then "translates" the answers to create, or assemble, the documents that are needed for filing with the court.[66]
Beyond the difficulties specific to civil Gideon, there is also empirical uncertainty regarding the value of access to counsel. Dozens of experimental studies have attempted to shed light on the effectiveness of attorneys in various settings in aiding litigants who would otherwise be proceeding pro se.52 One 2010 meta-study conducted on a selection of prior studies suggested that representation by counsel improved a party's odds of winning a suit by a factor between 1.19 and 13.79.53 While those numbers suggest that access to counsel probably increases a litigant's odds of winning a case by at least some margin, the size of the range limits the value of these studies to policymakers.54 There is also debate concerning the quality of most of these studies. A 2012 article by Professor D. James Greiner and Cassandra Wolos Pattanayak looked at dozens of previous studies to quantify the added value of access to counsel and found almost all of those studies were unable to accurately measure the effect of access to counsel.55
Closing arguments to the jury set out the facts that each side has presented and the reasons why the jury should find in favor of the client. Time limits are sometimes set by the court for closing arguments, and each side must adhere to the specified time. The plaintiff presents closing argument first and may present rebuttal to defendant's closing argument. Local Rule 39.1.
The court said, in reversing the lower court's dismissal of the plaintiff's pro se discrimination claim, that the exception to the requirement of making the plaintiff state all discrimination claims at the EEOC level, i.e., allowing reasonably related unstated claims to be brought in the federal court, "is essentially an allowance of loose pleading and is based on the recognition that EEOC charges frequently are filled out by employees without the benefit of counsel and that their primary purpose is to alert the EEOC to the discrimination that a plaintiff claims [he or she] is suffering." Id. at 201.
The center's approach, known as "limited-scope legal assistance," can fill an important void. Most federal courts devote substantial resources to pro se litigants, such as handbooks and staff time answering process questions, and pro se staff attorneys help judges process cases. But court staff may not give legal advice to litigants, and although private lawyers offer some volunteer assistance, they cannot meet demand.
^ Kay v. Ehrler, 499 U.S. 432, 435 (1991), citing Gonzalez v. Kangas, 814 F. 2d 1411 (9th Cir. 1987); Smith v. DeBartoli, 769 F. 2d 451, 453 (7th Cir. 1985), cert. denied, 475 U.S. 1067 (1986); Turman v. Tuttle, 711 F. 2d 148 (10th Cir. 1983) (per curiam); Owens-El v. Robinson, 694 F. 2d 941 (3d Cir. 1982); Wright v. Crowell, 674 F. 2d 521 (6th Cir. 1982) (per curiam); Cofield v. Atlanta, 648 F. 2d 986, 987-988 (5th Cir. 1981); Lovell v. Snow, 637 F. 2d 170 (1st Cir. 1981); Davis v. Parratt, 608 F. 2d 717 (8th Cir. 1979) (per curiam).
You can contact a lawyer referral service to be connected with an experienced lawyer in your area. In Chicago and Cook County, you can contact the Chicago Bar Association Lawyer Referral Service at (312) 554-2001 or https://lrs.chicagobar.org/. Outside of Cook County, you can contact the Illinois State Bar Association IllinoisLawyerFinder at (800) 922-8757 or https://www.isba.org/public/illinoislawyerfinder.
Understanding the procedures and techniques described here will help you present a persuasive, legally proper case whether you are a plaintiff (meaning that you have filed a lawsuit yourself) or a defendant (meaning that you have been sued). Illustrated with sample forms, pleadings, and courtroom dialogues, the book will take you through the litigation process step by step, from deciding whether you have a valid legal claim or defense to preparing an appeal if you lose.
In May 2001, EDNY began one of the country's more dramatic pro se reform programs, elevating a magistrate judge to a newly created pro se office focused entirely on overseeing pro se litigation and assigning her broad responsibilities for overseeing pro se litigation.117 These reforms were implemented with the intent to help "facilitate access to the courts" for pro se litigants.118
But a person who is not a professional lawyer typically lacks ready access to Lexis, WestLaw, and other such professional resources for researching recent and applicable case law. (Let us assume that the Bar does not exist in principle as a barrier to citizens seeking redress of grievances through the judicial system. I.e., "That's what lawyers are for, so pay up if you want justice" may be the practical answer. But I want to know how practical it is for one to seek justice pro se.)
In order to evaluate the impact of EDNY's pro se reforms, this Comment runs a logistic regression using whether the plaintiff won the case as the independent variable. The dataset for this regression is all cases decided in the four New York district courts between 1998 and 2007 that involved pro se plaintiffs and represented defendants. This dataset includes 578 cases from the Northern District of New York (NDNY), 2,658 cases from EDNY, 3,843 cases from SDNY, and 668 cases from the Western District of New York (WDNY). The key variable of interest is a binary variable that is coded "1" if the case is in EDNY and filed after the implementation of the pro se reforms and "0" otherwise.125 There were 1,408 cases in this dataset from after EDNY implemented the reforms.
We strongly recommend that you prepare a trial notebook. A trial notebook is a series of outlines covering matters such as what you must prove (or, if you are a defendant, disprove); the evidence you will use to prove (or disprove) those matters; the topics you intend to cover on direct and cross-examination; a list of the names, addresses, and telephone numbers of your witnesses; and the ­exhibits you plan to introduce into evidence. The notebook serves as your courtroom manager. You can refer to it to make sure that you do not overlook evidence you planned to offer or an argument you intended to make.
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.[16]: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.[16]:22 53% found that represented parties sometimes or frequently take advantage of pro se parties.[16]:23 Only 5% reported problems of pro ses behaving inappropriately at hearings.[16]:24 Respondents to the FJC study did not report any orders against non prisoner pro se litigation.[16]