Representing Oneself as Pro Se
Overview
Included are helpful articles on the legal issues surrounding Representing Oneself as Pro Se.
Parties who choose to represent themselves without an attorney are referred to as pro se litigants (pro se plaintiff or pro se defendant). The term “pro se” is a Latin phrase that means “for yourself.” Every person has the right to represent themselves in court without an attorney.
Key Legal Issues
If you choose to represent yourself, take advantage of the free legal resources available and learn everything you can about the claim you are making or defending.
Make sure that you time to learn the law and the litigation process. There are a few instances where you may not want to represent yourself:
- Complex cases: don’t represent yourself in complex cases such as medical malpractice, cases involving copyrights or trademarks, or cases involving taxes.
- Don’t represent yourself in a criminal case. Depending on the charges against you, if you lose a criminal case, you may go to prison. Unlike in civil cases, the U.S. Constitution requires that an attorney be appointed for you if you can’t afford to hire an attorney. This is almost always a better option.
If you do decide to represent yourself, you will be held to the same legal standards as attorneys. This means that if you don’t follow court rules and procedures, you may be given penalties and/or fines. The court might cut you some slack, but don’t count on the excuse that you are not legally trained.
Special Concerns
Court rules prohibit anyone, including a party acting representing him or herself, from filing a lawsuit that is meant to harass someone or does not have merit. If a judge determines that a lawsuit was filed in violation of the rule, the judge may order you to pay a fine or to pay for the legal fees of the person you have filed the lawsuit against.