Pro se
From Wikipedia, the free encyclopedia
Pro se is a Latin adjective meaning "for self", that is applied to someone who represents himself (or herself) without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal.
Also sometimes known as "propria persona" or "pro per". In England and Wales the phrase "Litigant in Person" is used.
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[edit] United States Criminal Law
In the United States, in any criminal prosecution by a State or the Federal Government the Sixth Amendment and Fourteenth Amendments of the Constitution guarantee the right of the accused to refuse the aid of an attorney, though even in those circumstances the court may require that an attorney be present as an advisor should the accused desire help. See Faretta v. California, 422 U.S. 806 (1975). Once a person elects to be tried pro se, however, he or she has effectivly waived the right to counsel at a later time.
[edit] United States Civil Law
In civil lawsuits, there is no right to appointed counsel, nor a fundamental right to proceed without counsel. Most courts allow people to appear in court and submit legal documents pro se, but some prohibit legal "persons" such as corporations from appearing without representation.
On the other hand, small claims courts in many jurisdictions do not allow lawyers to represent clients in front of the judge absent special circumstances. Even in states like Texas where lawyers are permitted to litigate in small claims court, the court proceedings are typically less technical and much more conducive to pro se litigants.
[edit] Why people proceed Pro Se
Many individuals choose to act pro se because they themselves are lawyers or have other legal experience, or simply because they are confident in their ability to convey their claim or defense without professional aid. Some pro ses may simply not want to pay the fees and expenses associated with hiring counsel. Others may want a lawyer, but find themselves unintentionally unrepresented due to their inability to find or pay for a lawyer willing to take their case. In civil court matters, this often occurs where the outcome is uncertain, such as in cases of alleged defamation where the plaintiff may be burdened by costly SLAPP legislation. Such people will often continue the case pro se rather than give up their quest for damages.
In most serious criminal prosecutions in the United States, an indigent defendant has a right to a lawyer appointed by the court, so the decision to proceed pro se is rarely based on financial considerations. However, even indigent criminal defendants in jurisdictions that guarantee legal representation may still have to represent themselves in the later stages of appeal, as such representation is often only provided by the state during the initial trial. This is especially true in collateral proceedings such as habeas corpus or postconviction petitions that fall outside the normal appeals process.
[edit] Resources for the Pro Se
For those individuals who do elect to proceed on their own, there are many resources both in print and other formats, and many on the Internet, that offer ideas, definitions, instructions, and forms for many legal matters. The local law library will be helpful for studying case law and published cases and decisions. Paralegals and specialty non-lawyer firms, for a fee, may also assist with brief preparation. Pro se litigants may be able to obtain filing assistance from a pro se clerk at the courthouse, or in very limited circumstances, the judge underway in the case may give certain advice from the bench on how to navigate the law. Spending a few hours watching cases in progress is useful, but not on television. Mental preparation and self education is paramount. It is important to know that only a currently licensed lawyer can give outside legal advice or practice law, and this is strictly enforced. Their fees are negotiable, but if on an hourly rate, expect to pay average lawyer fees in the U.S. of around $200-300 per hour.
[edit] Famous Pro Se Litigants
Thomas Van Orden, a homeless man living in Austin Texas, managed to challenge a religious display on the capitol grounds, and successfully navigated his case all the way to the Supreme Court. While he was ultimately unsuccessful at getting the display removed, he was extremely successful at litigating the case. However, he was a lawyer with a suspended licence. See Van Orden v. Perry.
Edward C. Lawson is an African American civil rights activist, who was the pro se defendant in the case of Kolender v. Lawson (461 U.S. 352, 1983) in which the United States Supreme Court ruled that a police officer could not arrest a citizen merely for refusing to present identification.
Jim Traficant, a former Congressman from Ohio, represented himself in a RICO case in 1983, and was acquitted of all charges, becoming the only person to ever win a RICO case while representing themselves. Traficant would represent himself again in 2002, this time unsuccessfully, and was sentenced to prison for 8 years for taking bribes, filing false tax returns, and racketeering.
