Self-Represented Litigants

12-18-06 -- Students at Harvard Law School learn from some of the finest legal minds in the world. But they can't always learn in a classroom the concrete ways their future work as attorneys may affect people's lives. . . . That's why they are riveted by a perspective in Professor Charles Ogletree's class delivered by a guest lecturer by speakerphone. He is speaking to them from prison, where he will remain for the rest of his life. . . . The voice belongs to Thomas "Chris" O'Bryant, inmate 124004 in the Florida Department of Corrections, who is a "jailhouse lawyer." . . . He taught himself the law so well that when he sent a handwritten submission to the Harvard Civil Rights-Civil Liberties Review, its editors were blown away by his legal acumen. They published his article earlier this year. . . . Now he lectures law students about what "life inside" is like, and how justice is actually administered. . . . "You see the newspaper about prison life, but I think it's probably different actually hearing from someone who's dealing with it on a day to day basis, " O'Bryant says.

Abramoff Opts for Self-Defense in Latest Suits

Anna Palmer, Legal Times

12-17-06 -- After paying for a high-priced criminal defense by Chadbourne & Parke's Abbe Lowell in the government's corruption probe, former uber-lobbyist-turned-jailbird Jack Abramoff is taking a different approach in two lawsuits filed against him by Indian tribes. . . . This time around, Abramoff is representing himself against former client Louisiana Coushatta Tribe and the Alabama-Coushatta Tribe of Texas. . . . So far, Abramoff has piggybacked on motions filed by lawyers for former Christian Coalition head Ralph Reed and former Abramoff associate Michael Scanlon in the Texas case. Lowell did not return calls. . . . Abramoff may be using the law library from the minimum-security federal prison in Cumberland, Md., where he is serving almost six years for a fraud conviction separate from the corruption probe.

Best Notice of Appeal Ever

From Above the Law Blog

It would be hard to find a court filing more boring than the notice of appeal. For all you non-lawyers, it's the document by which a losing litigant gives notice of her intention to appeal. The notice of appeal gets filed with the court and served on the opposing party. . . . Usually the notice of appeal is a formulaic, bare-bones document that just identifies the decision being appealed from, the court being appealed to, etc. But this one is a bit more colorful:*

November 2006

How often we hear, "He who represents himself has a fool for a client."
To that I say, "He who is represented is usually taken for a fool."
Read some of our history regarding self representation.-- Richard Wayne

Every American A Lawyer

by Ralph Warner, Publisher
Copyright © Nolo Press

Almost 400 years ago, the great American democratic experiment began. Almost from the first day--and despite the contrary views of a succession of English monarchs--it assumed that an educated citizenry had no need of lawyers to write its laws or solve its disputes.

Lawyers were actually banned outright or faced tight restrictions in many colonies for much of the 18th century. Especially in Puritan New England, Quaker communities in Pennsylvania and Dutch settlements in New York, colonists firmly believed that disputes were best solved within the community, often by church-sponsored mediation.

The "Body of Liberties" adopted by the Massachusetts Bay Colony in 1641 expressed the typical attitudes of the time:

"Every man that findeth himselfe unfit to plead his own cause in any court shall have libertie to employ any man ..., provided he give him noe fee or reward for his pain."

In the late 17th and early 18th centuries, after English kings reasserted direct political authority over the colonies, England's common law system--complete with courts, juries and lawyers--crossed the ocean. Even so, most citizens did not rely on lawyers for legal information. Historian Eldon Revere James found that between 1687 and 1788, not a single legal treatise intended for lawyers was published in America. During that period, all the legal treatises were for laymen.

One of the most popular self-help law books of the time, Every Man His Own Lawyer, published in London, was already in its ninth edition in 1784. Another, Every Man His Own Attorney, by Thomas Wooler (1845), which apparently was widely and effectively used for many years, contains a lament that could have been penned yesterday:

"Much has been recently done, to simplify ... practice in the courts; something has been gained in point of expedition; but little, if anything, in the reduction of the expense ... Useless proceedings are still required, apparently for no other purpose than to extract money from pockets of the unfortunate suitors. Forms, the pretenses for which have been long exploded, are pertinaciously adhered to ... and while this is the case, legal proceedings will remain characterized by an uncertainty of result, a loss of time, and a ruinous expense, which should induce every one to learn as effectually as possible to guard against a seduction into its labyrinths, or, if entangled in them, to make the most easy and expeditious escape."

The strong tradition that each American should be able to master the laws probably peaked in the years between Andrew Jackson's inauguration in 1825 and Abraham Lincoln's death in 1865. Most states enforced few if any restrictions on non-lawyers appearing in court on behalf of others--as Lincoln himself did before he talked a judge into granting him attorney status.

Given America's long tradition of discouraging lawyers, it's surprising that in the 20th century the legal profession so successfully sold Americans on its favorite public relations slogan, "A man who represents himself has a fool for a client." And it's even more surprising that without great opposition, the American Bar Association convinced states to pass "unauthorized practice of law" statutes in the 1920s and 1930s, which effectively gave lawyers a monopoly over the sale of legal information.

It is less surprising--at least to everyone who isn't an attorney--that in the last two decades many Americans--battered women, small businesspeople, landlords, inventors and disenfranchised fathers, to mention just a few--have begun to assert their historical and constitutional right to participate in the legal decisions that affect their lives.

Unfortunately, the Bar--despite the fact that its leaders concede that at least 100 million Americans can't afford lawyers--continues to resist this powerful democratic trend. The fact that lawyers won't voluntarily relinquish their legal monopoly goes far to explain why the profession is ridiculed by so many Americans.

UTAH

More people choosing to skip lawyers

Self-representation on the rise, courts want litigants to be more informed

By Stephen Hunt, The Salt Lake Tribune

11-27-06 -- If it's true, as the saying goes, that a person "who is his own lawyer has a fool for a client," then Utah's courts see plenty of fools. . . . Thousands of people appear every year in Utah courts without lawyers, according to a survey conducted for the state Judicial Council. . . . In 2005, 47 percent of those filing for divorce opted not to pay attorneys to help them, according to the survey. . . . And in cases involving protective orders, stalking, small claims and guardianship, the majority of the parties were self-represented. . . . The purpose of the survey was to identify the needs of the so-called pro se (by oneself) litigants, whose ranks are growing, and find solutions to help them. . . . "It's a major national movement right now," said Mary Boudreau, of the Utah Administrative Office of the Courts. . . . Court authorities will be asking the Legislature for $107,000 to fund a pilot project to place an experienced attorney in two courthouses, one rural and one urban, to provide legal information - not legal advice - to self-represented litigants. . . . "It is difficult for a lay person to effectively participate in Utah's courts because of the complicated nature of the law, and the complex rules of evidence and procedure," according to a summary of the survey presented to the Judicial Council, which formulates court policies.

October 2006

FLORIDA

Rape Suspect Acting As Own Attorney Gives Closing Arguments

10-23-06 -- An accused Brevard County rapist, who has been acting as his own attorney, gave his own closing arguments Monday. Carlos Rhynes is currently on trial for four of the ten rapes he's charged with. . . . During his closing argument, Rhynes said he is innocent because none of the victims could positively identify him and that investigators falsified evidence. He's representing himself on two of the rape counts and has a defense attorney representing him on the other two counts. . . . If convicted, Rhynes could face life in prison. . . . During the trial, Rhynes faced his accusers, but he was very limited in the questions he could ask them on the stand. . . . The state gave its closing first Monday morning. The prosecutor argued Rhynes went to each one of his four victims’ homes, put fear in them and battered them.

ILLINOIS

Kane makes it easier to be your own lawyer

Self-Help Legal Center: Resources guide way through court system

By Gloria Carr Staff Writer

10-23-06 -- For the many people who must represent themselves in civil cases because they cannot afford to hire an attorney, the Kane County Law Library's new Self-Help Legal Center will prove to be an invaluable tool, court officials say. . . . Sixteenth Circuit Judge Donald Hudson unveiled the new user-friendly system last week at the law library, on the second floor of the Kane County Judicial Center on Route 38 west of Geneva. . . . The Self-Help Legal Center uses print, Internet and database resources to help people learn about the legal system, law librarian Halle Mikyska said. The Internet software provides specific information about Kane County's small-claims court, she said. . . . "It will literally take you through the process, defining terminology, what you need to bring to court," she said. "It will link you to the Kane County circuit clerk's (office) and show you the forms you need to fill out. It also guides people to how to request a jury if they want one and how to make a defendant and how to serve someone." . . . A challenge the library faced establishing the center was making it easy to use and understandable, Mikyska said. The Web site was designed at a fifth-grade reading level so that people with different reading-level skills can have access and understand it, she said.

NEW YORK

Judge didn't treat plaintiff with proper respect
Frank C. Smith, Elmira

10-19-06 -- In 2001, I went to Elmira City Judge Tom Ramich's Small Claims Court to try to recover a $1,000 loan I made to a local bar owner who had not paid it back. . . . The judge didn't rule in my favor, even though I had a cancelled check made out to the owner and cashed by him. . . . After the judge's decision, I tried to ask for an explanation but was ordered out of his court, while he allowed the defendant to stay behind so he could speak to him. . . .I don't think that was proper conduct or any way to treat someone in court who was trying to get back money he had lost. Is this the kind of judge you want for another term?

Tax Revolt: Plaintiffs File Coordinated Cases Against IRS

Emma Schwartz, Legal Times

10-13-06 -- Michael Stephens hates the Internal Revenue Service. He believes it steals his money, and he won't stand for it. . . . "That's all we are, is slaves," says the 49-year-old truck driver from Georgia, who sued the agency. He claims he is entitled to damages through the Taxpayer Bill of Rights for alleged misconduct in tax collection by the IRS. . . . Stephen's complaint -- which Judge Ellen Huvelle of the U.S. District Court for the District of Columbia dismissed in June -- might simply be a footnote in the flood of pro se cases that pour into the courthouse each year, except that Stephens isn't alone. His complaint is one of 108 nearly identical cases filed since last fall by plaintiffs from Oregon to Florida. . . . The effort hasn't seen much success; so far, 40 have been dismissed because of the plaintiffs' failure to exhaust their administrative remedies. But the cases managed to pique curiosity in judges' chambers. . . . So who's behind this effort? . . . Stephens won't say. Nor would more than two dozen other plaintiffs, who either did not return calls or declined to answer questions. . . . Seattle's Heidi Broward, whose husband Paul had his claim dismissed in July, says the suits are a coordinated effort by people who met through "various things over the Web and from years and years of networking."

NEW YORK

New York Times questions courts
By: Dana Hendrickson

In March 1999, school psychologist Gary Betters filed a claim in Duane Town Court for $1,600. He said the village of Malone owed him for working at a summer camp. And having basic knowledge of the law, he thought winning would be easy. . . . Gary Betters, a school psychologist, said, "I thought it was a pretty simple case when there's two sides and you're the only side that shows up, the possibility of losing seemed pretty miniscule to me." . . . But Betters didn't win, in fact, the case was dismissed. And he had a problem with the way it was handled. . . . "I wasn't sworn in is one of the process problems," Betters said. . . . "There was no swearing in, which I didn't pay any attention to until I lost the case and reviewed the idea of what happened that night." . . . Gary Betters story is just one of many cited in the New York Times series detailing alleged abuses and errors in New York State's small justice courts. . . . Retired Alexandria Bay Village Justice Charles Pennington is also named in the article. He said an African-American defendant objected when his accuser referred to him as "colored." Pennington overruled the objection.

PRO SE QUESTIONS PRESENTED TO THE SUPREME COURT

05-1431
Kathrien v. McGrath
PETITION FOR WRIT OF CERTIORARI
TO THE SUPREME COURT OF THE UNITED STATES
Filed May 8, 2006

PETITION DENIED October 10, 2006

WEBSITE: Judges Are Above the Law

I.	Does an American citizen have a Constitutional right to petition the federal grand jury to investigate crimes committed against him?
II.	Does an American citizen have a statutory right to petition the federal grand jury to investigate crimes committed against him?
III.	Do members of the executive or judicial branches of government have the authority to block access to the grand jury?

Click for links to Petition: Judges are Not Above the Law

September 2006

ALABAMA

Homeowner who followed judge's advice loses at Supreme Court

Associated Press

9-13-06 -- In a first-of-its-kind eminent domain case, the Alabama Supreme Court said a homeowner waited one day too late to appeal a land condemnation order even though he followed a probate judge's advice on when to appeal. . . . The Supreme Court said that for more than 100 years, Alabama's eminent domain laws have provided for appealing a condemnation order 30 days from "the making of the order," but neither the courts nor the Legislature had ever explicitly defined when an order is "made." . . . In a decision Friday, the Supreme Court said the 30-day deadline begins running when a probate judge signs a condemnation order, not when the order is officially filed in the records of probate court. . . . Since the courts had never addressed the issue before, Craig Boutwell of Covington County asked the court to make an exception for him because he followed his local probate judge's advice in filing his appeal 30 days from the filing of the condemnation for his home and other property.

ILLINOIS

Courts critic ordered to pay attorney's fees

By Judy Masterson

Annette Zender of Woodstock half expected to be thrown in the hoosegow during a court appearance Wednesday. . . . But Lake County Circuit Judge Jorge Ortiz only ordered her to pay attorney Gary Schlesinger of Libertyville $125 per month. . . . Zender, one of a growing number of women in Illinois and across the nation who are battling a court system they argue awards custody to fathers despite evidence of domestic violence, was slapped with a gag order Aug. 30 by Associate Judge Joseph Waldeck. She visited the Lake County News-Sun later the same day to publicize what she considers a violation of her constitutional right to free speech. . . . The ban was urged by Norman Kurtz, attorney for Thomas Boettcher of Minnesota, who gained sole custody of his child with Zender in 2001 — and Schlesinger, guardian ad litem in the ongoing custody dispute. . . . More than a dozen women, all embroiled in battles over custody and child support in Lake County, showed up to lend Zender support. All wore purple gags around their necks. . . . Two of the women, Catherine Campbell of Gurnee and Erin McRaith of Glenview, last year filed suit against officials of Lake County Circuit, alleging a pattern of discrimination against women who act as their own attorneys in child custody and divorce cases. . . . The suit was dismissed by a federal judge in March. An appeal is pending, McRaith said.

Zender is the founder of the
Illinois Coalition for Family Court Reform

INDIANA

Court orders new trial for man forced to accept lawyer

Charles Wilson, Associated Press

A judge erred when he found a man competent to stand trial but denied him the right to represent himself in court, the Indiana Court of Appeals ruled. . . . The three-judge panel set aside Ahmad Edwards' convictions on charges of attempted murder and battery and ordered Marion Superior Court to hold a new trial. . . . Judge John G. Baker noted that the U.S. Supreme Court has ruled that a court cannot constitutionally force a defendant to accept counsel if he knowingly asks to represent himself in a timely manner, unless the court finds he is not competent to stand trial. . . . "We and the trial court alike are bound by the precedent of the United States Supreme Court," Baker wrote in Monday's 16-page ruling. . . . "Consequently, we are compelled to conclude that the trial court erred in denying Edwards's request to represent himself in his second trial, inasmuch as it had already found him competent to stand trial."

Government urges review of parents' IDEA role

Posted by Lyle Denniston

The Justice Department on Wednesday urged the Supreme Court to clarify when a non-lawyer parent of a disabled child may file a lawsuit, without a lawyer, to enforce the child's rights under the Individuals with Disabilities Education Act (IDEA). The Court had asked for the government's views in an order last May 15. The complete brief filed by the Solicitor General is available here. . . . Filing in the case of Winkelman, et al., v. Parma City School District (docket 05-983), U.S. Solicitor General Paul D. Clement said "the Court should grant the petition...and decide to what extent, if any, parents of children with disabilities may proceed pro se in a federal court action pursuant to IDEA. As several courts of appeals...have expressly acknowledged, the circuits are divided on that question." . . . Clement went on to argue that the Sixth Circuit Court ruling at issue in the case, barring parents from pursuing pro se lawsuits, "is inconsistent with the plain language, structure, and purposes of IDEA....The ability of parents to proceed pro se in federal court may facilitate the accomplishment of Congress's goals in enacting IDEA." Clement added that 2004 amendments to the Act "reaffirm that Congress intended to permit parents to proceed pro se in IDEA actions."

Answers From Lawyers Who Defend Against RIAA Suits
Slashdot -
9-15-06 -- One option is to defend yourself, relying on the affirmative defenses. If you can find a pro bono lawyer, great. If not, go in to the pro se clerk at the courthouse and ask for a jury trial. Another option, if it's acceptable to you, is to default. They will usually get a default judgment against you for the exhibit A list (the songs they downloaded) x $750 plus court costs.

Click for Patricia Santangelo Case

CALIFORNIA

Accused molester, serving as his own attorney, questions himself

By Rodney Foo, Mercury News

9-12-06 -- Already acting as his own attorney in a molestation trial, convicted sexual predator Dean Schwartzmiller put himself on the stand this morning. . . . In the third week of testimony in a case that could send him prison for 150 years, the 64-year-old plasterer was asked shortly before 10 a.m. who his next witness would be. . . . ``The defense calls me,'' Schwartzmiller said, prompting some jurors to sit up in their chairs. . . . Judge Edward Lee had told jurors they had probably seen movies where defendants represent themselves and hurry back and forth as they first ask the questions, then answer them. . . . ``That was comedic, this is serious business,'' Lee said. . . . Nor is the tactic all that unusual, according to legal experts. Schwartzmiller's questioning of himself immediately got to the heart of the case. Authorities allege he molested two 12-year-old cousins, referred to as M. Doe and R. Doe in court proceeding. . . . ``My first question to me is `did you ever sexually molest M. Doe?,' '' Schwartzmiller asked himself as he sat in the witness box with a list of questions in front of him. . . . ``My answer is emphatically no.''

Full coverage: Dean Schwartzmiller case

INDIANA

Judge Holt attends conference

9-11-06 -- Greene Superior Judge David Holt attended the Midwest Regional Conference on Pro Se Litigation at Des Moines, Iowa, on Sept. 7-9 as one of five delegates appointed by Indiana Supreme Court Chief Justice Randall Shepard to represent the state at the conference. . . . Other delegations participating and appointed by their respective state chief justices were from Illinois, Wisconsin, Minnesota, North Dakota, South Dakota, Nebraska, Kansas, Missouri, Iowa, and Utah. . . . The conference was presented by the American Judicature Society with funding support from the Chicago Bar Foundation, the Iowa State Bar Foundation, the State Justice Institute, and Drake University Law School. . . . The goal of the conference was to bring judges, lawyers, court staff, legal aid lawyers, legal academics, law and public librarians, and other interested parties together to share information about the need for assistance to parties representing themselves in legal proceedings, to lighten the burden on such parties, to engage lawyers in this effort, and to develop action plans to be implemented in the states participating in the conference.

OHIO

Chief justice decries trend of litigants representing themselves

Business First of Columbus - by Kevin Kemper

9-15-06 -- Over the next year, Ohio's courts will be working to reduce the number of pro se litigants that appear before the court, while also attempting to implement an electronically linked, statewide case-management and docketing system. . . . Delivering his annual state of the judiciary address Thursday before the Ohio Judicial Conference, Ohio Supreme Court Chief Justice Thomas J. Moyer said an increasing number of people choose to appear in court without a lawyer. . . . "Too many of our citizens who should have legal representation go without it," Moyer said. . . . A person who chooses to represent themselves in court is known as a pro se litigant. Moyer said the number of pro se litigants is increasing in all courts across the state, in part because of economic factors and also because of an aversion to attorneys. . . . "At this year's meeting of the National Association of Court Managers, a demographic composite depicted the pro se litigant as female, high-school educated and poor," Moyer said. "She typically believes she cannot afford an attorney or chooses not to pay one, in part because she does not trust lawyers."

TEXAS

Take small claims seriously

"Give me my money back or I'll sue!"

By Pamela Yip, The Dallas Morning News

9-15-06 -- Nearly everyone, at some time, has at least thought about trotting out that trump card in a dispute with a merchant, neighbor or former friend. . . . And it's good to know that small-claims courts are there to handle such disputes, even if most people never follow through with the threat. . . . But how do small-claims courts work? Do you need a lawyer? What are the strategies for success, and what are the pitfalls? . . . Such lessons are learned every day that Justice of the Peace Al Cercone's court is in session at the East Dallas Government Center. By Texas law, the court handles disputes involving amounts up to $5,000. . . . . On a recent day, Cercone heard a claim from Anthony Jones, who was seeking $3,000 from a mechanic he said damaged his car's engine. His evidence included a videotape that showed the engine torn apart and a statement from another mechanic supporting his case. . . . It wasn't enough. Cercone ruled that he wasn't entitled to anything because he failed to prove his case. The videotape proved nothing, the judge said, and the expert witness needed to be in court to testify in person, which Cercone said he had previously told Jones. . . . "Your case desperately needed the testimony of an expert witness," the judge told Jones. "You leave the court with its hands tied. You failed to continue to do what you need to do to prosecute this lawsuit." . . . Jones said his expert witness had a scheduling conflict. . . . He called his experience in Cercone's court "terrible." . . . "I had all the evidence," he said, adding that he would refile his case in another precinct. . . . Jones' experience is not unusual, experts say.

August 2006

FLORIDA

David v. Goliath

8-14-06 -- Approximately 65 percent of initial filings in domestic cases involve pro se litigants, and 80 percent of post-judgment proceedings, for the most part involving child support, involve at least one unrepresented litigant. . . . The courts have attempted to help this situation by providing "unbundled legal services," which consist of self-help forms and self-help services. However, unless versed in legalease, an average person cannot understand these forms or the court process to use them. These forms certainly do not provide guidance in court proceedings in terms of how to present evidence, how to examine/cross examine a witness or courtroom protocol. . . . This lack of experience is taken advantage of by attorneys who then wipe the floor with the pro se litigant. . . .Florida family law allows judges to consider any factor necessary to provide justice as part of judicial discretion. The fact that one litigant cannot afford an attorney should not make a difference.

Article of the week from Missouri Lawyers Weekly:

Do-it-yourself divorcers get online aid

Mo. Bar, Supreme Court studying pro se trend

By Nora Lockwood Tooher and Scott Lauck

8-13-06 -- In an age where you can go to Lowe's to learn to build a retaining wall, or start your own media company via a blog, is it any wonder that divorces are becoming do-it-yourself projects?

Courts in as Arizona, California, Maryland, Washington, Utah and other states have developed a range of Web-based legal forms and instructions to help pro se litigants fill out forms for divorces, child custody orders and restraining orders.

And while Missouri isn't quite there, the state Supreme Court and the Missouri Bar are working to get the legal community ready. About four years ago, the state Supreme Court and the Missouri Bar formed a commission to study the pro se phenomenon. Its work is due out by the end of the year.

Lori Levine, an attorney at Carson & Coil PC in Jefferson City, Mo., and co-chair of the state's Joint Pro Se Implementation Commission, said the idea is to help lawyers, judges, court administrators and litigants figure out the best way to handle the do-it-yourself trend.

"We don't want to encourage people to go pro se, but we know they are. So we're trying to help the courts," she said.

Self-help trend

According to a recent report by the National Center for State Courts (NCSC) in Williamsburg, Va., courts have seen a "tremendous increase in self-represented litigants over the last 10 years."

Research indicates the majority of parties acting on their own behalf are women between the ages of 18 and 34 appearing in family law cases.

The main force driving pro se litigation is money. Attorney fees can range from about $1,500 for a simple divorce to tens of thousands of dollars for more complex cases. In contrast, the cost of a do-it-yourself divorce typically ranges from $250 to $500.

"Certainly, more and more courts are working on standardizing their paper forms and making those forms available online electronically," said Richard Zorza, a Washington attorney, author and consultant on access-to-justice issues.

"What's behind it," he said, "is simply that the legal system is hard to navigate, and that a majority of the people who have to go to family court can't afford lawyers."

In some cities, do-it-yourselfers make up the vast majority of divorce applicants.

In San Diego, for example, the number of divorce filings involving at least one pro se litigant rose from 46 percent in 1992 to 77 percent in 2000, according to the administrative office of the courts in California.

Statewide, the pro se rate in California family law cases averages 67 percent. In restraining order cases, litigants are reported to be acting pro se more than 90 percent of the time.

In Maryland, about 67 percent of divorce and custody cases have at least one self-represented litigant. In the city of Baltimore - which has one of the highest poverty levels in the state - the percentage of these cases involving at least one self-represented litigant jumps to 85 percent.

Missouri does not keep statewide statistics, according to the Missouri Office of State Courts Administrator. However, some courts, such as the circuit courts in Jackson and St. Louis counties keep their own local statistics.

In Jackson County Circuit Court, the number of pro se divorce cases was 22 percent in 2003, 24 percent in 2004 and 19 percent in 2005. In St. Louis County Circuit Court, the number of pro se cases filed in the last four years has ranged from as low as 8.3 percent to as much as 19.2 percent, with an average of 13.3 percent.

Breaking down courtroom barriers

To expedite pro se divorces and other family law cases, many courts provide legal forms online, with detailed information to help litigants fill out the forms. Several states go further, with self-help centers staffed by paralegals or attorneys to assist pro se litigants.

According to Madelynn Herman, a research analyst with the NCSC, the most recent trend among court systems is online document assembly that produces court forms ready for filing.

In most states, pro se petitioners still have to file the forms in person with a court clerk. Electronic filing systems for pro se petitioners are still a rarity in state courts, according to Ronald W. Staudt, a director of the Center for Access to Justice and Technology at Chicago-Kent College of Law.

"It's a huge re-engineering problem," he said. "States don't have a consistent way to do these things and manage the cases and dockets."

But the NCSC predicts that eventually, e-filing by pro se litigants will be commonplace.

Such forms are available online in some Missouri circuits, including St. Louis and Jackson counties. In fact, the St. Louis County court maintains a resource center for pro se filers, which opened in September 2002.

Circuit Judge Dennis Smith, who handles the bulk of the circuit's pro se cases and is, along with Levine, a co-chair of the state's pro se commission, said the center's statistics have shown some interesting trends. Only about a third of the forms distributed by the center end up getting filed.

Smith noted that many people who pick up the forms eventually decide to get lawyers - meaning that the self-help trend isn't all "doom and gloom" for divorce lawyers.

"The forms would make them realize that it's not that simple," he said.

Unbundling legal services

Like it or not, attorneys have to understand that more and more people are going into court without lawyers, said William Hornsby, staff counsel with the American Bar Association's Standing Committee on Legal Services.

"One of the really important points for lawyers to realize is that they're not the ones who decide whether or not people proceed pro se," he said. "We can prefer people be well-represented and develop models that will enable them to be well-represented, but if they choose not to, that's the circumstance to which we must react."

With so many going it alone in family law matters, he said, attorneys have to find a way to help consumers by "unbundling" their legal services.

"Lawyers and the parties can partner in such a way that the work is divided among them," Hornsby said. "It could be as simple as reviewing a marital separation agreement, or as complicated as appearing on behalf of a person for a restraining order."

"There are plenty of divorces that people can't do themselves to keep us divorce lawyers busy," he said.

Win Without a Lawyer

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Jurisdictionary^®

NORTH CAROLINA

PLAIN TALK: Bar association pamphlets help you know the law

By Mike Wells

Here are some ways to learn about a variety of important legal topics without hiring an attorney. . . . The N.C. Bar Association publishes several very helpful pamphlets on a number of common legal topics. They are written in layman's terms, stripped of all the legalese that is often so daunting. They are conversational, and they really help to orient the reader to the broad points of many important areas of the law. And many of them are available in Spanish as well. . . . These pamphlets are generally available at your local public library. You may also contact the Bar Association at 1-800-662-7407 (ask for Pamphlet Program), write them at N.C. Bar Association, Attn: Pamphlet Program, P.O. Box 3688, Cary, NC 27519 (please enclose a self-addressed stamped envelope and request which pamphlet you want), or go to the Bar's excellent Web site at www.ncbar.org. If you have the Acrobat Reader software on your computer, you can download all of these pamphlets.

June 12, 2006

DELAWARE

Court puts little guy on equal footing

Common folk who've been wronged can find justice without a lawyer

By Steven Church, The News Journal

It's a good bet Malcolm Kurin won't make it onto Court TV. His recent legal victory over Delmarva Power earned him a minuscule judgment of $139.95. . . . But it was the principle that motivated the North Wilmington coin dealer to face down a Delmarva lawyer and three company experts in the Delaware Justice of the Peace Court, known informally as the People's Court or small claims court because it specializes in cases like Kurin v. Delmarva Power. . . . Suing a roofer who botched the job, a neighbor who parks on your lawn, or an in-law who owes you money is a lot easier than you might think. . . . In People's Court, indignant customers like Kurin are on equal footing with corporate attorneys. Only a handful of the 60 judges on the bench are lawyers, and they tend to value their own common-sense experience over legal scholarship, say court observers. . . . After his experience, Kurin said he would recommend that anyone who has been treated unfairly by a big corporation sue in the Justice of the Peace Court, where plaintiffs can collect up to $15,000 in damages if they win. Cases involving larger sums must be handled in either the Court of Common Pleas, or the Superior Court, where it costs more, takes longer and where not having an attorney is a severe disadvantage. . . . "You are dealing with a huge, arrogant company," Kurin said. "I think they count on people just giving up and just not going to court. Well, people shouldn't do that." . . . Kurin said his fight with Delmarva began in the spring of 2005 when the company replaced his gas meter because its records showed it was old. When he tried to fire up his heater last November, it wouldn't work, so he paid a heating company $99.95 to come out and check it.

ILLINOIS

Man who represented self gets 20 years for robberies

By Brett Nauman

A Bloomington man has been sentenced to 20 years in prison for robbing a pair of banks with a BB pistol in 2004. . . . David Silas, 34, was convicted of robbing Bank One, 413 E. Washington St., and National City Bank, 1332 E. Empire St. during a trial in which he represented himself. . . . While Silas denied committing either robbery during his trial in April, he told Judge Ronald Dozier on Tuesday that his addiction to drugs led him to hold up the banks. . . . DNA found on clothing worn during each robbery was used to link Silas to the heists. Moreover, the bank manager from National City told jurors she was positive Silas was the man who robbed her bank.

WASHINGTON

Black Minister Seeks Racism Apology from Democratic Party

By Christopher Tidmore, Political Columnist
Despite massive outreach by the Bush Administration and senior Republicans, African-Americans continue to maintain a perception that the GOP is at best less sympathetic to the needs of the black community than the Democrats' and at worst hostile. . . . However, an influential member of the African-American clergy, who was one of President Clinton's highest profile supporters and worked in Democratic politics for years, has now launched a legal campaign to convince black voters that Democrats have been even more hostile to the black community and have never taken responsibility for those historic views. . . . Rev. Wayne Perryman, associate pastor of Mt. Calvary Christian COGIC in Seattle, Washington, first filed a significant reparations lawsuit against the Democratic Party in 2004. The suit was dismissed two times before Perryman refiled in 2005 and now the case is pending further action in the U.S. Court of Appeals, 9th Circuit, Docket #0535890. . . . Perryman's lawsuit does not seek millions of dollars. It asks that the Democratic Party issue a national apology for what he termed its past racist policies and practices toward blacks-and that they fund production of a series of documentaries which would record and preserve the tainted legacy of the party with free distribution to all public and private schools in the country.

WEST VIRGINIA

Supreme Court backs help for 'pro se' plaintiffs

By Steve Korris - Statehouse Bureau

Douglas Cottrill could have overturned a $9,504.25 child support order with no help from an attorney, if he had known about the statute of limitations. . . . Now the West Virginia Supreme Court of Appeals has cancelled Cottrill's debt, ruling that Harrison County Circuit Judge Thomas Bedell should have accommodated his lack of legal expertise. . . . Under the state Constitution, "the right of self representation in civil proceedings is a fundamental right ..." . . . Still, those who appear "pro se" -- for self -- run a risk of missing legal points on which they might have prevailed. . . . Twenty years ago the Supreme Court of Appeals held that a trial court must "strive to insure that no person's cause or defense is defeated solely by reason of their unfamiliarity with procedural or evidentiary rules." . . . Cottrill turned into a perfect example.

March 29, 2006

PRO SE FILES FEDERAL APPEAL AFTER ATTORNEY REFUSES

2nd Circuit Criticizes Attorney for Failure to File Notice of Appeal

Mark Hamblett, New York Law Journal
An attorney who fails to file a notice of appeal is constitutionally ineffective even where the defendant waived his right to appeal in a plea agreement, according to the 2nd U.S. Circuit Court of Appeals. . . . In Campusano v. United States, 04-513-pr, a three-judge panel said that a defendant makes out a claim for ineffective assistance under this scenario despite the attorney's good faith belief that the appeal would be frivolous. . . . The case was decided by Judges Sonia Sotomayor and Rosemary Pooler, and Eastern District of New York Chief Judge Edward Korman, sitting by designation. Sotomayor wrote the opinion. . . . Jose Campusano pleaded guilty on Nov. 7, 2001, before Southern District of New York Judge Shira Scheindlin to one count of distributing and possessing with intent to distribute 27 grams of cocaine in violation of 21 U.S.C. §841(a)(1) and (b)(1)(B). . . . The plea agreement signed by Campusano stipulated that he would not challenge the prison sentence ordered by Scheindlin as long as it fell within the range of nine years to 11 years and three months. The judge later imposed a sentence of nine years. . . . But in April 2003, Campusano filed a pro se motion to vacate, set aside or correct his sentence under 28 U.S.C. §2255 on the basis of ineffective assistance of counsel. . . . He claimed that, despite his promise not to appeal the sentence, he twice asked his lawyer to file a notice of appeal -- but his lawyer did not.

MASSACHUSETTS

Handbook to help people represent selves in Mass. courts

(AP) The state's chief justice wants to make it easier for people to represent themselves in civil cases. . . . A how-to handbook for people who choose to represent themselves will be made available on the Web and at public libraries, Supreme Judicial Court Chief Justice Margaret Marshall said on Saturday.

"Like courts around the nation, ours face a crisis of affordability," Marshall said in an address to the Massachusetts Bar Association. "Increasingly, those with middle incomes, as well as the poor, are unable to afford lawyers