Frequently asked questions

What is pro se litigation?
It is the growing phenomenon of appearance in courtroom proceedings by individuals who are unrepresented by attorneys.

Why are people representing themselves?
For the most part, pro se litigants cannot afford an attorney. According to a survey done for the 1999 National Conference on Pro Se Litigation, the average pro se litigant is a woman between the ages of 18 and 34 with a high-school education appearing in a family law matter.

Why should courts and lawyers care about pro se litigation?
Because unprepared pro se litigants are a drain on court resources—they require a great deal of time and effort of court staff, become “frequent filers” because their paperwork is incomplete or incorrect; and in general they slow down the process, including courtroom proceedings, for the cases in which they are involved, including those in which the other party is represented by an attorney.

How are courts and lawyers responding to the influx of pro se litigants?
The vast majority of states have implemented some level of assistance, whether face-to-face assistance in a self-help office in a courthouse, through web-based forms and instructions (and in some cases, document assembly programs that produce forms ready for filing), through telephone help lines, through brief assistance provided at self-help centers and clinics by volunteer attorneys, and, in some states, through unbundled or limited legal assistance provided by attorneys.

What is AJS doing about pro se litigation?
AJS maintains its own Pro Se Forum on www.ajs.org, cosponsors the national Web site www.selfhelpsupport.org, maintains a pro se listserv for stakeholders who share information on ways to more efficiently and effectively help pro se litigants, and participates in regular conference calls and meetings with representatives of other national organizations to identify issue and promote improvements in pro se assistance. The AJS Center for Judicial Ethics is preparing a white paper with a review of the case law on pro se litigation, an educational module on the ethics of judicial involvement in pro se litigation, and ethical guidelines for judges who are engaged in pro se litigation.

How can AJS members become involved in pro se assistance efforts?
AJS members are perfectly placed to know when pro se litigation becomes of interest to local stakeholders. If a bench-bar committee or access to justice commission is formed to explore the issue, if the state bar is looking at changing the model rules of professional responsibility to eliminate barriers to assisting self-represented litigants, if a court is seeking to simplify forms and instructions, please refer the individuals involved to AJS. If we don’t have the answers, we can refer those who inquire to someone who can help. Email Tim Eckley at teckley@ajs.org  for help.