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“Pro se” is a Latin term meaning “for oneself” or “on one’s own behalf.” Proceeding pro se is also sometimes referred to as “pro per” or “propria persona.” In a legal setting, the term refers to acting "without a lawyer." In a criminal prosecution, the Sixteenth and the Fourteenth Amendments of the constitution guarantee the right of the accused to refuse legal representation and proceed pro se. There is no fundamental right to proceed without counsel in civil lawsuits; however, many litigants choose to represent themselves and are doing so for a variety of reasons. They may be lawyers themselves or have legal experience, they may believe that their case is simple enough to handle themselves, they may not wish or be able to pay the legal fees, or they believe that attorneys are not competent. While there are no national statistics on the numbers of self-represented litigants, individual states and jurisdictions have documented high numbers of self-represented litigants in domestic-relations (especially divorce and domestic abuse), small-claims, traffic, and landlord/tenant cases.
The courts are responding to an increase in self-representation by addressing the needs of self-represented litigants and improving access to justice and making courts more user friendly. They are resolving the issue of what constitutes legal advice and legal information by letting litigants know what they can and cannot do to assist them. Courts are simplifying court forms; providing on-on-one assistance; developing guides, handbooks, and instructions on how to proceed pro se; offering court-sponsored legal advice; developing court-based self-help centers or programs; collaborating with libraries and legal services; and using Internet technologies to increase access. Internet technologies to assist the self-represented may include document-assembly programs that allow litigants to fill out, deliver, and, in some cases, file their forms and cases electronically over the Internet. Some courts have developed comprehensive Web sites that provide access to forms, handbooks and guides, information in other languages, and links to legal resources and lawyer-referral services. Some court Web sites provide instructional videos for pro se litigants, as well as live-chat and teleconferencing capabilities.
All of these innovations increase access to justice to the self-represented, improve the quality of justice, empower people to solve their own problems, and improve the public’s trust and confidence in the courts. The courts also benefit from making their services more user friendly to self-represented litigants. Self-help programs and services make for smoother caseflow, improve the overall functioning of the court, and increase the quality of information presented to judges. In addition, resources are used more efficiently and effectively.
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