Self-Represented Litigants
SELF-REPRESENTED LITIGANTS
NEW MEXICO STATEWIDE CONFERENCE PERSPECTIVES ON THE PRO SE PHENOMENON:
SCRIPT FOR A PANEL DISCUSSION Note: The above Script was prepared by John Greacen, Director of the New Mexico Administrative Office of the Courts, for the New Mexico Conference on Pro Se, presented in January 2001. The Script, while not necessarily reflecting the actual workshop, provides an excellent summary of, and introduction to this important issue.
Among the issues discussed below are:
From the judge’s and court staff perspective:
· lack of understanding of rules of procedure, rules of evidence, and courtroom protocol by self-represented litigants
· papers are not complete or correct causing delay in the courtroom
· litigants have difficulty presenting their position without getting emotionally involved
· difficulty in remaining fair and impartial when one party is represented by counsel and the other is not
· discomfort after ruling against a pro se litigant due to procedural non-compliance
· ex parte communications
· the use of court staff time
· difficulty in drawing the line between giving legal information and legal advice
From the lawyer’s perspective:
· waiting in court on a trailing docket while a pro se litigant in another case wastes everyone’s time and my client’s money
· difficulty in knowing how to conduct myself when the other party is unrepresented. If I raise all objections, the process goes nowhere, yet, I have a duty to represent my client.
· danger that the pro se litigant thinks I represent him or her too
· worry over future problems that might arise at a later date and be harder and more expensive to resolve if matters are not correctly resolved at the beginning
· concern that pro se assistance efforts will undermine the role of the bar and take away business
From the self-represented litigant’s perspective:
· lack of information and the inability to get the right forms or information for what I
NEW MEXICO STATEWIDE CONFERENCE PERSPECTIVES ON THE PRO SE PHENOMENON:
SCRIPT FOR A PANEL DISCUSSION Note: The above Script was prepared by John Greacen, Director of the New Mexico Administrative Office of the Courts, for the New Mexico Conference on Pro Se, presented in January 2001. The Script, while not necessarily reflecting the actual workshop, provides an excellent summary of, and introduction to this important issue.
Among the issues discussed below are:
From the judge’s and court staff perspective:
· lack of understanding of rules of procedure, rules of evidence, and courtroom protocol by self-represented litigants
· papers are not complete or correct causing delay in the courtroom
· litigants have difficulty presenting their position without getting emotionally involved
· difficulty in remaining fair and impartial when one party is represented by counsel and the other is not
· discomfort after ruling against a pro se litigant due to procedural non-compliance
· ex parte communications
· the use of court staff time
· difficulty in drawing the line between giving legal information and legal advice
From the lawyer’s perspective:
· waiting in court on a trailing docket while a pro se litigant in another case wastes everyone’s time and my client’s money
· difficulty in knowing how to conduct myself when the other party is unrepresented. If I raise all objections, the process goes nowhere, yet, I have a duty to represent my client.
· danger that the pro se litigant thinks I represent him or her too
· worry over future problems that might arise at a later date and be harder and more expensive to resolve if matters are not correctly resolved at the beginning
· concern that pro se assistance efforts will undermine the role of the bar and take away business
From the self-represented litigant’s perspective:
· lack of information and the inability to get the right forms or information for what I