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ARTICLE · 25 JULY 2018

How Do You Litigate With The "Lawyerless?"

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We've all been there – representing a client against someone who has never heard, or doesn't believe, that "A lawyer that represents himself, has a fool for a client."

United StatesLitigation, Mediation & Arbitration

We've all been there – representing a client against someone who has never heard, or doesn't believe, that "A lawyer that represents himself, has a fool for a client." Either because of lack of resources, knowledge, interest, or energy to even see if there are legal aid or referral sources available, there are litigants that take the DIY attitude of fixing their house into the courtroom.

Where does that leave you and your client, who is paying you a not too nominal sum to represent and advocate for it? Clearly, the trial judge is not imbued with the responsibility of assuring that the pro se litigant is advised of every procedural and substantive claim or defense. But, in the real world, human nature being what it is, and given the fact that a lot of judges are popularly elected, there is a tendency for trial courts to hold pro se litigants a little less accountable for compliance with procedural rules. Should that be the case?

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