More Americans Go Pro Se, Even in Complex Matters
Legal profession experts are seeing an increase in the numbers of individuals who choose to go it alone when they are forced to go to court. And it’s a trend not limited to small claims matters and uncontested divorces.
Litigants are increasingly going pro se when dealing with child custody cases, high-stakes civil litigation and bankruptcies, the Associated Press reports.
Sue Talia, a judge from Danville, Calif., and author of Unbundling Your Divorce: How to Find a Lawyer to Help You Help Yourself, tells the AP that “it’s not just that poor people can’t afford lawyers. This is really a middle-class phenomenon.”
“The trend has resulted in court systems clogged with filings from people unfamiliar with legal procedure. Moreover, some of these pro se litigants…are making mistakes with expensive and long-lasting consequences—perhaps confirming the old saying that he who represents himself has a fool for a client,” the AP notes.
Citing stats from the Self-Represented Litigation Network, the AP notes that in California, about 80 percent represent themselves in civil family law cases, including divorce, custody and domestic violence cases.
“Courts are absolutely inundated with people who do not understand the procedures,” says Talia, who travels the country urging courts to measure pro se representation. “It is a disaster for high-volume courts, because an inordinate amount of their clerks’ time is spent trying to make sure that the procedures are correctly followed.”
The ABA is among the organizations that have encouraged states to develop self-help desks and adopt standard forms. The ABA also maintains a Consumers’ Guide to Legal Help.
