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In courtrooms around the country, judges are seeing an ever-increasing number of self-represented litigants appearing in a variety of civil cases. In some assignments, a majority of cases have at least one self-represented party. Most studies show that the majority of these litigants come to court without a lawyer because they cannot afford a lawyer. Some believe (often accurately) that their cases are simple enough that the costs associated with hiring counsel can be avoided. The economic and social trends that this reasoning reflects are likely to be long-term, and they thus represent a continuing reality for our courts.
These trends present real and significant challenges to a legal system designed for representation by trained advocates. There are system costs in terms of delay and less-than-optimum results on a hearing-by-hearing basis because litigants are unfamiliar with the rules and procedures, and they are often intimidated by the manner in which they must make their presentations. However, the trends also represent an opportunity forjudges to develop new and more satisfying interactions with the litigants in their courtrooms. We may be able to realize systemic benefits if we can rethink those processes and procedures in a manner that will benefit all litigants through streamlining and simplification.
We cannot afford either to ignore this reality or to underestimate the nature of the change in our system of justice that it entails. Not only judges, but courtroom clerks and other court staff will face more repetitive filings and hearings, rescheduling required by failure to serve papers, and many more questions about how everything is done and what it all means. However, we should not overestimate the problems that result from a large number of self-represented litigants in the courtroom. Many of the "horror stories" that circulate are based more on rumor than on reality. Most self-represented litigants are not people trying to interfere with court operations, but instead are our neighbors and friends who find themselves facing legal issues without the resources to address them in the manner our traditions demand. And, whether some of those who choose not to hire a lawyer could in fact afford to do so, we must as a system provide access to all who come to court, regardless of their personal choices...