Information about Pro Se

Pro se is a Latin adjective meaning "for self", that is applied to someone who represents himself or herself without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. This status is sometimes known as "propria persona" or "pro per". In England and Wales the phrase "Litigant in Person" is used.

In the United States

Criminal law

In the United States, in any criminal prosecution by a State or the Federal Government the Sixth Amendment and Fourteenth Amendment of the Constitution guarantee the right of the accused to refuse the aid of an attorney, though even in those circumstances the court may require that an attorney be present as an advisor should the accused desire help. ^[1] Once a person elects to be tried pro se, however, he or she has effectively waived the right to counsel for the remainder of the trial .

Civil law

In civil lawsuits, there is no right to appointed counsel, nor a fundamental right to proceed without counsel. Most courts allow people to appear in court and submit legal documents pro se, but some prohibit legal "persons" such as corporations from appearing without representation.

On the other hand, small claims courts in many jurisdictions do not allow lawyers to represent clients in front of the judge absent special circumstances. Even in states like Texas where lawyers are permitted to litigate in small claims court, the court proceedings are typically less technical and much more conducive to pro se litigants.

Why people proceed Pro Se

Many individuals choose to act pro se because they themselves are lawyers or have other legal experience, or simply because they are confident in their ability to convey their claim or defense without professional aid. Some pro ses may simply not want to pay the fees and expenses associated with hiring counsel. Others may want a lawyer, but find themselves unintentionally unrepresented due to their inability to find or pay for a lawyer willing to take their case. In civil court matters, this often occurs where the outcome is uncertain, such as in cases of alleged defamation where the plaintiff may be burdened by costly SLAPP legislation. Such people will often continue the case pro se rather than give up their quest for damages.

In most serious criminal prosecutions in the United States, an indigent defendant has a right to a lawyer appointed by the court, so the decision to proceed pro se is rarely based on financial considerations. However, even indigent criminal defendants in jurisdictions that guarantee legal representation may still have to represent themselves in the later stages of the case, as free representation is often only provided by the state during the initial trial and the direct appeal. This is especially true in collateral proceedings such as habeas corpus or postconviction petitions that fall outside the normal appeals process.

Resources for the Pro Se

For those individuals who do elect to proceed on their own, there are many resources both in print and other formats, and many on the Internet, that offer ideas, definitions, instructions, legal topic overviews and do it yourself legal forms for many matters. The local law library will be helpful for studying case law and published cases and decisions. Paralegals and specialty non-lawyer firms, for a fee, may also assist with brief preparation. Pro se litigants may be able to obtain filing assistance from a pro se clerk at the courthouse, or in very limited circumstances, the judge underway in the case may give certain advice from the bench on how to navigate the law. Spending a few hours watching cases in progress is useful, but not on television. Mental preparation and self education is paramount. It is important to know that only a currently licensed lawyer can give outside legal advice or practice law, and this is strictly enforced. Their fees are negotiable, but if on an hourly rate, expect to pay average lawyer fees in the U.S. of around $200-300 per hour.

In 1993, Boston attorney David C. Grossack, www.grossack.com organized the Citizens Justice Institute, www.citizensjustice.com which began a unique national outreach to prisoners and other pro-se persons for the purpose of providing training in civil litigation skills. The Institute has held seminars in several states and produced a number of publications, including most notably How To Win A Lawsuit Without Hiring A Lawyerwhich is marketed through www.e-legalclinic.com. Grossack also hosted a short wave radio program on WWCR in Nashville throughout 1995 known as Constitutional Business where pro se litigation was often discussed.

In 1999, Grossack personally arranged for the introduction of legislation before the Massachusetts House Judiciary Committee requesting the establishment of pro se educational facilities such as Internet sites and forms in all Massachusetts courts. Very shortly thereafter, the Suffolk Probate Family Court in Boston established a room where pro se information is available. The Plymouth Probate and Family Court soon thereafter sponsored a website where forms in domestic relations and other probate court matters are available.

On April 11, 2006, Grossack organzied a demonstration in front of the Capitol Hill office of Congressman James Sensenbrenner, Chairman of the United States House Judiciary Committee, requesting that Congress hold hearings on the treatment of pro se litigants and other abuses in the courts.

Notable Pro Se Litigants

Thomas Van Orden, a homeless man living in Austin Texas, managed to challenge a religious display on the capitol grounds, and successfully navigated his case all the way to the Supreme Court. While he was ultimately unsuccessful at getting the display removed, he was extremely successful at litigating the case. However, he was a lawyer with a suspended license. See Van Orden v. Perry. ^{[2] [3] [4]}

Edward C. Lawson is an African American civil rights activist, who was the pro se defendant in the case of Kolender v. Lawson (461 U.S. 352, 1983) in which the United States Supreme Court ruled that a police officer could not arrest a citizen merely for refusing to present identification.^{[5] [6] [7] [8]}

Jim Traficant, a former Congressman from Ohio, represented himself in a RICO case in 1983, and was acquitted of all charges, becoming the only person to ever win a RICO case while representing himself. Traficant would represent himself again in 2002, this time unsuccessfully, and was sentenced to prison for 8 years for taking bribes, filing false tax returns, and racketeering.^{[9] [10] [11]}

Barbara Schwarz, a German national living in Salt Lake City, UT who has filed a large number of FOIA requests. When the responses failed to verify her claims, she responded with litigation, which she has done pro se. According to the Salt Lake Tribune, "at least one of Schwarz's lawsuits has been considered by a U.S. District or U.S. Circuit Court of Appeals somewhere in the nation every year since 1993." A 2005 article in the Asbury Park Press referred to Schwarz as "notorious for her nationwide quest for documents". The same article quoted the New Jersey Government Records Council chairman as suggesting that: "lawmakers should consider amending the law to keep libraries from being forced to undertake private research projects, like Schwarz's." ^[12]

References

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