While the lawyer must avoid giving the pro se litigant legal advice, by calmly explaining his or her actions to the individual, the lawyer may be able to make the litigation process less mysterious for the person, and thereby reduce the chances that the pro se litigant will file an unnecessary and costly motion based on a misguided argument that the lawyer did not follow the court rules.
When dealing with a pro se litigant, it is important that a lawyer remain professional and not be rude to the individual, regardless of how upset or confrontational the pro se litigant may become. Being polite can be difficult when a pro se litigant is yelling and calling the lawyer names. The lawyer, however, must remember that most pro se litigants do not understand the system and take every decision in the case personally.
As a result, their emotions can run high, and they are more likely to lose their tempers in dealing with opposing lawyers. Potentially, a pro se litigant might retaliate by filing a motion for sanctions, or even a complaint with the state bar. At a minimum, responding to such a complaint will entail unnecessary cost and distraction for the lawyer and, potentially, his or her client. Thus, it is critical that a lawyer remain composed and professional when dealing with a pro se litigant, even if the individual acts rudely.
In a contentious litigation involving a pro se litigant, an attorney may be tempted to file a motion asking the court to sanction the pro se litigant for failing to comply with court rules. However, before filing such a motion, an attorney should carefully consider whether it is the most effective means of resolving the issue.
While pro se litigants are supposed to be held to the same standards as lawyers, in practice, many courts give pro se litigants a good deal of leeway and rarely sanction them for violating court rules, unless the violations are egregious or repeated. Thus, a more cost-effective strategy for an attorney may be to attempt to work through such issues directly with a pro se litigant, with a potential motion for sanctions reserved as a last resort.
While many pro se litigants have little or no experience with the law or court procedures, others do have litigation experience or spend substantial amounts of time researching matters that they believe could be helpful to them in the litigation. A pro se litigant who was represented by counsel in an earlier lawsuit may even have pleadings from those matters, which the pro se litigant may revise and then file in the present litigation.
Such pleadings may include well-supported arguments and persuasive case law, and should not be taken lightly by a lawyer simply because they were submitted by a pro se litigant.
They may also fail to follow the proper rules and procedure to get their case heard or resolved in court. Providing pro se litigants with the resources and tools they need to solve their own legal matters is a critical component of ensuring our judicial system is accessible to everyone who needs it.
The Commission coordinates a wide variety of self-help efforts to expand access to the courts for pro se litigants. Our Self-Represented Litigants Committee works on different pieces of the self-represented litigants SRL puzzle through its subcommittees. These committees oversee several initiatives:. Assisted Pro Se is the practice of helping self-represented litigants help themselves with limited assistance from lawyers. Clients are typically referred to these attorneys through a lawyer referral service and receive a minute consultation for a minimal fee.
The client is free to choose to hire the lawyer on a reduced fee basis or not. Most urban communities have a local lawyer referral service to help people find an attorney who can provide the type of legal services needed.
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