Self-representation in Civil Cases
In civil lawsuits, unlike in criminal cases, there is no constitutional right to representation by an attorney. Likewise, unlike in criminal cases, there is no express right to self-representation, also known as “pro se” or “propria persona” litigation, meaning “on one’s own behalf.” Some civil courts allow self-representation and others do not.
Most small-claims courts, for example (where the amount in controversy may not exceed $1,500 – $15,000 depending on state), do not allow attorneys. This is so that average citizens can recover relatively small sums of money without paying a lawyer and having to understand complex court procedures. However, some courts do not allow corporations to self-represent. The purpose for this is that corporations, who employ highly-trained in-house counsel, will not take advantage of other parties without access to attorneys, as in small claims court.
Many litigants in civil cases choose to represent themselves. In criminal cases, the reason for this is usually that the defendant is an eccentric who wants to voice his or her unorthodox opinions. In civil cases, however, litigants self-represent for 1 chief reason: to save money on lawyers (in criminal cases, lawyers are provided free of charge.)
Nowadays, self-represented litigants have more help than ever from our courts. They simply have to look to government court websites as a start. From there, they can learn about court procedures, and download court documents for submission. Many state courts now offer “facilitators” who are available on a first-come first-served basis. Facilitators will direct and help a member of the public find what he or she needs, but will not offer legal advice on what he or she “should” do.
There are numerous types of civil cases where self-representation is appropriate. Most involve straightforward law, established forms and paperwork, and do not require talented oral argumentation. Popular issues include: child and spousal support, child custody and paternity, divorce and dissolution, civil traffic, estate and probate, eviction, name change, guardianship, and small claims tax appeal.
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Last Modified: 07-30-2009 11:25 AM PDT
