Representing Yourself in Court
Representing Yourself in Court Every year in the United States millions of people attempt to navigate the US court system without an attorney. In some states as many as 80% to 90% of litigants are unrepresented. When someone represents themselves in court they are referred to as “Pro Se” which is Latin for “on one’s own behalf.” Our firm is contacted frequently by Pro Se clients who want to retain us for expert testimony. We recently had a case where we testified in court, and both parties were Pro Se. Obviously the judge was not too happy with the situation because this meant extra work for him. As Abraham Lincoln said, “a man who represents himself has a fool for a client”. There is of course some truth to this. In that case, it worked out for our Pro Se client since she was able to afford extensive forensic accounting and also see the case through to the very end. The result of that case was that she was able to obtain a significant alimony and child support. There are many successful Pro Se clients who are able to take on adversaries in court and win against experienced lawyers. One example: Anderson et al. Pacific Gas and Electric; Erin Brockovich, $133.6 settlement Two books to review if you are thinking about going Pro Se are, Represent Yourself in Court and Legal Research. Both can be found on nolo.com; a good site for Pro Se information. You probably should review these books and gain an understanding of the legal system before undertaking a legal matter and representing yourself. If you are unwilling to put the time in, you may want to re-think going Pro Se. From my experience people who get into complex litigation matters often run out of money and/or time. This is why so many people go Pro Se, the benefits are that you do not have to worry about paying hundreds of thousands of dollars in legal fees and you can have the stamina to pursue your case for years. Many attorneys are not able take on complex cases unless they can bill hundreds of thousands of dollars per year. Reason to go Pro Se: You know your case better than anyone You can spend money on experts and court reporters, etc. A lawyer will give you only representation that money can buy You have the right to represent yourself in court You are capable of representing yourself in court You will likely work much harder than your attorney You can not afford an attorney You are not intimidated by the legal process You will not run out of money and/or time if you are Pro Se One satirical look at Pro Se clients can be seen by viewing the YouTube clip from My Cousin Vinny, the movie. https://www.youtube.com/results?search_query=my+cousin+vinney The biggest mistakes that Pro Se clients make are: Spending too much time reacting to the other attorneys’ motions and discovery request. You need to be proactive and take the offensive, send out interrogatories, take depositions, make motions. Lacking confidence. You need to be confident even though you may not know all the pitfalls. Not spending money on experts and court reporters. The money supposedly saved by not hiring an attorney should be spent on necessities such as court reporters and experts. Overreacting to attorneys posturing. Remember to focus on the facts of the case not the posturing, antics and other judicial biases. You need to research and understand how to research if you are going to go Pro Se. Overconfidence: you need to be humble and do not overestimate your abilities. The legal system is not set up to help or benefit Pro Se clients for the most part so do not expect to be treated fairly.