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1
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33746910791
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In Phoenix Court, Sales Rep Battles Aventis on Her Own
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Aug. 9, at
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Kara Scanneil, In Phoenix Court, Sales Rep Battles Aventis on Her Own, WALL ST. J., Aug. 9, 2005, at A1.
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(2005)
WALL ST. J
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Scanneil, K.1
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2
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36349036852
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Id. The Americans with Disabilities Act (ADA) prohibits employers from discriminating against an otherwise-qualified individual solely on the basis of his or her disability. Americans with Disabilities Act § 102(a), 42 U.S.C. § 12112(a) (2007). The term discriminate is defined to include not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such [employer] can demonstrate that the accommodation would impose an undue hardship on the operation of the business of [the employer]. Id. § 12112(b)(5)(A).
-
Id. The Americans with Disabilities Act (ADA) prohibits employers from discriminating against an otherwise-qualified individual solely on the basis of his or her disability. Americans with Disabilities Act § 102(a), 42 U.S.C. § 12112(a) (2007). The term "discriminate" is defined to include "not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such [employer] can demonstrate that the accommodation would impose an undue hardship on the operation of the business of [the employer]." Id. § 12112(b)(5)(A).
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3
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36348944897
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Scannell, supra note 1, at A1. A pro se litigant is [o]ne who represents oneself in a court proceeding without the assistance of a lawyer. BLACK'S LAW DICTIONARY 1258 (8th ed. 2004).
-
Scannell, supra note 1, at A1. A pro se litigant is "[o]ne who represents oneself in a court proceeding without the assistance of a lawyer." BLACK'S LAW DICTIONARY 1258 (8th ed. 2004).
-
-
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4
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36348931309
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supra note 1, at A1. For instance, Ms. Hudock found the full text of the Americans with Disabilities Act through a Google search and wrote briefs with the aid of downloaded legal-writing software; as she prepared for trial, she used an online guide to writing opening statements and watched the television show Law & Order: Trial by Jury to learn about courtroom procedures
-
Scannell, supra note 1, at A1. For instance, Ms. Hudock found the full text of the Americans with Disabilities Act through a Google search and wrote briefs with the aid of downloaded legal-writing software; as she prepared for trial, she used an online guide to writing opening statements and watched the television show Law & Order: Trial by Jury to learn about courtroom procedures. Id.
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Id
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Scannell1
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5
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36348939547
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Id
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Id.
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36348934801
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Id
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Id.
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36349012867
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Id
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Id.
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8
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36348961604
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Id
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Id.
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9
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36348938140
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Id
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Id.
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10
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36349036283
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Id
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Id.
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11
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36349015120
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See 28 U.S.C. § 1654 (2007) (In all courts of the United States the parties may plead and conduct their own cases personally.).
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See 28 U.S.C. § 1654 (2007) ("In all courts of the United States the parties may plead and conduct their own cases personally.").
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12
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36348986388
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See, e.g., Tiffany Buxton, Note, Foreign Solutions to the U.S. Pro Se Phenomenon, 34 CASE W. RES. J. INT'L L. 103, 114-17 (2002) (enumerating specific problems associated with pro se litigation);
-
See, e.g., Tiffany Buxton, Note, Foreign Solutions to the U.S. Pro Se Phenomenon, 34 CASE W. RES. J. INT'L L. 103, 114-17 (2002) (enumerating specific problems associated with pro se litigation);
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13
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36348951758
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Drew A. Swank, Note and Comment, The Pro Se Phenomenon, 19 BYU J. PUB. L. 373, 384 (2005) (explaining that pro se litigants are likely to require more time and assistance throughout the litigation process due to their unfamiliarity with courtroom procedures); see also infra Part II.C (detailing various unique challenges created by pro se litigation).
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Drew A. Swank, Note and Comment, The Pro Se Phenomenon, 19 BYU J. PUB. L. 373, 384 (2005) (explaining that pro se litigants are likely to require more time and assistance throughout the litigation process due to their unfamiliarity with courtroom procedures); see also infra Part II.C (detailing various unique challenges created by pro se litigation).
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14
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36348979559
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See, e.g., John M. Stanoch, Working with Pro Se Litigants: The Minnesota Experience, 24 WM. MITCHELL L. REV. 297 (1998) (discussing Minnesota's judicially-sponsored responses to the pro se phenomenon); see also infra Part III.A (describing and analyzing various forms of institutionally sponsored pro se clinics).
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See, e.g., John M. Stanoch, Working with Pro Se Litigants: The Minnesota Experience, 24 WM. MITCHELL L. REV. 297 (1998) (discussing Minnesota's judicially-sponsored responses to the pro se phenomenon); see also infra Part III.A (describing and analyzing various forms of institutionally sponsored pro se clinics).
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15
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36348996264
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See infra Part III.B (discussing and analyzing the dynamics of providing unbundled legal services). See generally Bradley A. Vauter, Unbundling: Filling the Gap, 79 MICH. BUS L.J. 1688 (2000) (explaining the unbundling concept).
-
See infra Part III.B (discussing and analyzing the dynamics of providing unbundled legal services). See generally Bradley A. Vauter, Unbundling: Filling the Gap, 79 MICH. BUS L.J. 1688 (2000) (explaining the "unbundling" concept).
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16
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39149130217
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Legal Information Institute, http:// last visited Mar. 5
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See, e.g., Legal Information Institute, http://www.law.cornell.edu (last visited Mar. 5, 2007);
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(2007)
See, e.g
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17
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36349018020
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FindLaw, http://www.findlaw.com (last visited Mar. 5, 2007);
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FindLaw, http://www.findlaw.com (last visited Mar. 5, 2007);
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18
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36348944896
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The Pro Se Law Center, http://www.pro-selaw.org (last visited Mar. 5, 2007); see also infra Part III.C (providing background and analysis on Internet resources designed to aid pro se litigants).
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The Pro Se Law Center, http://www.pro-selaw.org (last visited Mar. 5, 2007); see also infra Part III.C (providing background and analysis on Internet resources designed to aid pro se litigants).
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19
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36349036854
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While criminal defendants can also proceed pro se, this Note focuses exclusively on civil pro se litigants and does not consider their criminal counterparts
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While criminal defendants can also proceed pro se, this Note focuses exclusively on civil pro se litigants and does not consider their criminal counterparts.
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20
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36348996255
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The Sixth Amendment guarantees that [i]n all criminal prosecutions, the accused shall enjoy the right. . . to have the Assistance of Counsel for his defense. U.S. CONST. amend. VI.
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The Sixth Amendment guarantees that "[i]n all criminal prosecutions, the accused shall enjoy the right. . . to have the Assistance of Counsel for his defense." U.S. CONST. amend. VI.
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21
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36348964482
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MAGNA CARTA art. XL (1215). For more information on the evolution of pro se representation in Great Britain, see Buxton, supra note 12, at 107-08.
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MAGNA CARTA art. XL (1215). For more information on the evolution of pro se representation in Great Britain, see Buxton, supra note 12, at 107-08.
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22
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36349011610
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JUDICIARY ACT OF 1789 § 35 (1789), available at http://www.constitution.org/uslaw/ judiciary_1789.htm.
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JUDICIARY ACT OF 1789 § 35 (1789), available at http://www.constitution.org/uslaw/ judiciary_1789.htm.
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23
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84874306577
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§ 1654 2005
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28 U.S.C. § 1654 (2005).
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28 U.S.C
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24
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36349013981
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Id
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Id.
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25
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36348933090
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See supra note 17 and accompanying text (explaining that while criminal defendants have a federal constitutional right to counsel, no such right exists for civil litigants).
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See supra note 17 and accompanying text (explaining that while criminal defendants have a federal constitutional right to counsel, no such right exists for civil litigants).
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26
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36348974839
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See ALA. CONST. art. I, § 10, N]o person shall be barred from prosecuting or defending before any tribunal in this state, by himself or counsel, any civil cause to which he is a party, MISS. CONST. art. 3, § 25 (No person shall be debarred from prosecuting or defending any civil cause for or against him or herself, before any tribunal in the state, by him or herself, or counsel, or both, UTAH CONST. art. I, § 11, N]o person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party, WIS. CONST. art. I, § 212, In any court of this state, any suitor may prosecute or defend his suit either in his own proper person or by an attorney of the suitor's choice
-
See ALA. CONST. art. I, § 10 ("[N]o person shall be barred from prosecuting or defending before any tribunal in this state, by himself or counsel, any civil cause to which he is a party."); MISS. CONST. art. 3, § 25 ("No person shall be debarred from prosecuting or defending any civil cause for or against him or herself, before any tribunal in the state, by him or herself, or counsel, or both."); UTAH CONST. art. I, § 11 ("[N]o person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party."); WIS. CONST. art. I, § 21(2) ("In any court of this state, any suitor may prosecute or defend his suit either in his own proper person or by an attorney of the suitor's choice.").
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27
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36349009520
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GA. CONST. art. I, para. XII, § 1.
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GA. CONST. art. I, para. XII, § 1.
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28
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36349013991
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MICH. CONST. art. I, § 13.
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MICH. CONST. art. I, § 13.
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29
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36348929072
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CONN. CONST. art. I, § 10 (All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay, FLA. CONST. art. I, § 21 (The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay, OR. CONST. art. I, § 10 No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in his person, property, or reputation, Arkansas, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, New Hampshire, North Carolina, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Te
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CONN. CONST. art. I, § 10 ("All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay."); FLA. CONST. art. I, § 21 ("The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay."); OR. CONST. art. I, § 10 ("No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in his person, property, or reputation."); Arkansas, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, New Hampshire, North Carolina, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, West Virginia, and Wyoming also provide for self-representation in the context of the right to redress of injuries. Helen B. Kim, Note, Legal Education for the Pro Se Litigant: A Step Towards a Meaningful Right to Be Heard, 96 YALE L.J. 1641, 1641 n.2 (1987).
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30
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36348985233
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E.g., 42 PA. CONS. STAT. § 2501(a) (2005) (In all civil matters before any tribunal every litigant shall have a right to be heard, by himself and his counsel, or by either of them.); WASH. REV. CODE § 2.48.190 (2005) ([A]ny person may appear and conduct his or her own case in any action or proceeding brought by or against him or her, or may appear in his or her own behalf in the small claims department of the district court.).
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E.g., 42 PA. CONS. STAT. § 2501(a) (2005) ("In all civil matters before any tribunal every litigant shall have a right to be heard, by himself and his counsel, or by either of them."); WASH. REV. CODE § 2.48.190 (2005) ("[A]ny person may appear and conduct his or her own case in any action or proceeding brought by or against him or her, or may appear in his or her own behalf in the small claims department of the district court.").
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31
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36349024979
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Scannell, supra note 1, at A1
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Scannell, supra note 1, at A1.
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32
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36348935274
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The federal courts first began tracking federal pro se appeals in 1993. ADMINISTRATIVE OFFICE OF THE U.S. COURTS, JUDICIAL FACTS AND FIGURES: MULTI-YEAR STATISTICAL COMPILATIONS OF FEDERAL COURT CASELOAD THROUGH FISCAL YEAR 2005, tbl.2.4 (2006), http://www.uscourts.gov/judicialfactsfigures/Table204.pdf. In 1995, pro se litigants were responsible for 19,973, or 39.9%, of the 50,072 federal appeals filed. Id. In 2004, pro se litigants filed 26,800, or 42.7%, of the 62,762 total appeals. Id.
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The federal courts first began tracking federal pro se appeals in 1993. ADMINISTRATIVE OFFICE OF THE U.S. COURTS, JUDICIAL FACTS AND FIGURES: MULTI-YEAR STATISTICAL COMPILATIONS OF FEDERAL COURT CASELOAD THROUGH FISCAL YEAR 2005, tbl.2.4 (2006), http://www.uscourts.gov/judicialfactsfigures/Table204.pdf. In 1995, pro se litigants were responsible for 19,973, or 39.9%, of the 50,072 federal appeals filed. Id. In 2004, pro se litigants filed 26,800, or 42.7%, of the 62,762 total appeals. Id.
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33
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36349036853
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See The Federal Judiciary - Judicial Business of the United States Courts 2004, http://www.uscourts.gov/judbus2004/contents.html (showing that nonprisoner pro se litigants filed (a) 4563 of the 33,075 total civil appeals made from the district courts in 2004 and (b) 4641 of the 34,390 total civil appeals made from the district courts in 2003);
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See The Federal Judiciary - Judicial Business of the United States Courts 2004, http://www.uscourts.gov/judbus2004/contents.html (showing that nonprisoner pro se litigants filed (a) 4563 of the 33,075 total civil appeals made from the district courts in 2004 and (b) 4641 of the 34,390 total civil appeals made from the district courts in 2003);
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34
-
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36348948248
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The Federal Judiciary - Judicial Business of the United States Courts 2002, http://www.uscourts.gov/ judbus2002/contents.html (showing that nonprisoner pro se litigants filed (a) 4606 of the 35,499 total civil appeals made from the district courts in 2002 and (b) 4603 of the 36,046 total civil appeals made from the district courts in 2001);
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The Federal Judiciary - Judicial Business of the United States Courts 2002, http://www.uscourts.gov/ judbus2002/contents.html (showing that nonprisoner pro se litigants filed (a) 4606 of the 35,499 total civil appeals made from the district courts in 2002 and (b) 4603 of the 36,046 total civil appeals made from the district courts in 2001);
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-
-
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35
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36348961602
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The Federal Judiciary - Judicial Business of the United States Courts 2000, http://www.uscourts.gov/judbus2000/contents.html (showing that nonprisoner pro se civil litigants filed (a) 4918 of the 35,780 total civil appeals made from the district courts in 2000 and (b) 4927 of the 36,680 total civil appeals made from the district courts in 1999);
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The Federal Judiciary - Judicial Business of the United States Courts 2000, http://www.uscourts.gov/judbus2000/contents.html (showing that nonprisoner pro se civil litigants filed (a) 4918 of the 35,780 total civil appeals made from the district courts in 2000 and (b) 4927 of the 36,680 total civil appeals made from the district courts in 1999);
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-
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36
-
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36348933658
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The Federal Judiciary - Judicial Business of the United States Courts 1998, http://www.uscourts.gov/dirrpt98/ (showing that nonprisoner pro se civil litigants filed (a) 5316 of the 37,522 total civil appeals made from the district courts in 1998 and (b) 4946 of the 35,414 total civil appeals made from the district courts in 1997).
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The Federal Judiciary - Judicial Business of the United States Courts 1998, http://www.uscourts.gov/dirrpt98/ (showing that nonprisoner pro se civil litigants filed (a) 5316 of the 37,522 total civil appeals made from the district courts in 1998 and (b) 4946 of the 35,414 total civil appeals made from the district courts in 1997).
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-
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37
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36348948817
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See The Federal Judiciary - Judicial Business of the United States Courts 2004, supra note 30 (showing that nonprisoners made (a) 4563 of the 19,093 total pro se civil appeals filed in 2004 and (b) 4641 of the 20,108 pro se civil appeals filed in 2003); The Federal Judiciary - Judicial Business of the United States Courts 2002, supra note 30 (showing that nonprisoners made (a) 4606 of the 20,660 pro se civil appeals filed in 2002 and (b) 4603 of the 20,415 pro se civil appeals filed in 2001); The Federal Judiciary - Judicial Business of the United States Courts 2000, supra note 30 (showing that nonprisoners made (a) 4918 of the 19,945 pro se civil appeals filed in 2000 and (b) 4927 of the 19,922 pro se civil appeals filed in 1999); The Federal Judiciary - Judicial Business of the United States Courts 1998, supra note 30 (showing that nonprisoners made (a) 5316 of the 20,400 pro se civil appeals filed in 1998 and (b) 4946 of the 19,171 pro se civil appeals filed in 1997).
-
See The Federal Judiciary - Judicial Business of the United States Courts 2004, supra note 30 (showing that nonprisoners made (a) 4563 of the 19,093 total pro se civil appeals filed in 2004 and (b) 4641 of the 20,108 pro se civil appeals filed in 2003); The Federal Judiciary - Judicial Business of the United States Courts 2002, supra note 30 (showing that nonprisoners made (a) 4606 of the 20,660 pro se civil appeals filed in 2002 and (b) 4603 of the 20,415 pro se civil appeals filed in 2001); The Federal Judiciary - Judicial Business of the United States Courts 2000, supra note 30 (showing that nonprisoners made (a) 4918 of the 19,945 pro se civil appeals filed in 2000 and (b) 4927 of the 19,922 pro se civil appeals filed in 1999); The Federal Judiciary - Judicial Business of the United States Courts 1998, supra note 30 (showing that nonprisoners made (a) 5316 of the 20,400 pro se civil appeals filed in 1998 and (b) 4946 of the 19,171 pro se civil appeals filed in 1997).
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38
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36349012852
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Swank, supra note 12, at 377
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Swank, supra note 12, at 377.
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39
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36349032032
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JONA GOLDSCHMIDT ET AL., MEETING THE CHALLENGE OF PRO SE LITIGATION: A REPORT AND GUIDEBOOK FOR JUDGES AND COURT MANAGERS 9 (1998).
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JONA GOLDSCHMIDT ET AL., MEETING THE CHALLENGE OF PRO SE LITIGATION: A REPORT AND GUIDEBOOK FOR JUDGES AND COURT MANAGERS 9 (1998).
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41
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36348943188
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Id. at n.2
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Id. at n.2.
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42
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36349033191
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GOLDSCHMIDT ET AL, supra note 33, at 9
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GOLDSCHMIDT ET AL., supra note 33, at 9.
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43
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36349016894
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Pro Se Statistics 1
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Montana Supreme Court Case Load Statistics:, last visited Mar. 5
-
Montana Supreme Court Case Load Statistics: 2004 Pro Se Statistics 1, http://courts.mt.gov/clerk/stats/04stat_info.asp (last visited Mar. 5, 2007).
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(2004)
-
-
-
44
-
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36348977207
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State of New Hampshire Judicial Branch, Challenge to Justice: A Report on Self-Represented Litigants in New Hampshire Courts 8 (2004), http://www.courts.state.nh.us/ supreme/prosereport.pdf (last visited Mar. 5, 2007).
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State of New Hampshire Judicial Branch, Challenge to Justice: A Report on Self-Represented Litigants in New Hampshire Courts 8 (2004), http://www.courts.state.nh.us/ supreme/prosereport.pdf (last visited Mar. 5, 2007).
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-
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45
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36348987458
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In New Hampshire, district courts are community courts that exist state-wide in cities and towns. Judicial Branch of New Hampshire - District Court, http://www.courts.state.nh.us/district/index.htm (last visited Mar. 5, 2007).
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In New Hampshire, district courts are "community courts" that exist state-wide in cities and towns. Judicial Branch of New Hampshire - District Court, http://www.courts.state.nh.us/district/index.htm (last visited Mar. 5, 2007).
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46
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36349035723
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The state superior courts have jurisdiction over a wide variety of cases, including criminal, domestic relations, and civil cases, and provide[] the only forum in [the] state for trial by jury. Judicial Branch of New Hampshire - Superior Court, http://www.courts.state.nh.us/superior/index.htm (last visited Mar. 5, 2007).
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The state superior courts have "jurisdiction over a wide variety of cases, including criminal, domestic relations, and civil cases, and provide[] the only forum in [the] state for trial by jury." Judicial Branch of New Hampshire - Superior Court, http://www.courts.state.nh.us/superior/index.htm (last visited Mar. 5, 2007).
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47
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36348970318
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GOLDSCHMIDT ET AL., supra note 33, at 9; see also Patricia Manson, Help Is on the Way For Pro Se, CHI. DAILY L. BULL., Dec. 30, 2005, at 1 (noting that pro se parties filed 913 cases in federal court in Chicago in 2003 and 1000 in 2004).
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GOLDSCHMIDT ET AL., supra note 33, at 9; see also Patricia Manson, Help Is on the Way For Pro Se, CHI. DAILY L. BULL., Dec. 30, 2005, at 1 (noting that pro se parties filed 913 cases in federal court in Chicago in 2003 and 1000 in 2004).
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48
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36348976657
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Report of The Committee on Pro Se Parties and Civil Justice Reform of the State of Colorado (2000), http://www.state.co.us/cjrtf/report/report4. htm (last visited Mar. 5, 2007).
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Report of The Committee on Pro Se Parties and Civil Justice Reform of the State of Colorado (2000), http://www.state.co.us/cjrtf/report/report4. htm (last visited Mar. 5, 2007).
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49
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36349024058
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Id
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Id.
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36349000892
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Id
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Id.
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51
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36349018019
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Faretta v. California, 422 U.S. 806, 852 (1975) (Blackmun, J., dissenting).
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Faretta v. California, 422 U.S. 806, 852 (1975) (Blackmun, J., dissenting).
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52
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36348930196
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See, e.g, Swank, supra note 12, at 378 (Popular opinion holds that the reason for the increase in pro se appearances is the high cost of attorneys and litigation. Furthermore, the common belief is that all 'pro se civil litigants want counsel to represent them, and that no person would choose to be pro se, quoting Candice K. Lee, Access Denied: Limitations on Pro Se Litigants' Access to the Courts in the Eighth Circuit, 36 U.C. DAVIS L. REV. 1261, 1265 2003, However, one study indicated that less than a third of pro se litigants have been forced to represent themselves due to the prohibitive cost of professional legal assistance, while nearly one-half chose to proceed pro se based on their belief that their case was simple and did not require a lawyer. Id
-
See, e.g., Swank, supra note 12, at 378 ("Popular opinion holds that the reason for the increase in pro se appearances is the high cost of attorneys and litigation. Furthermore, the common belief is that all 'pro se civil litigants want counsel to represent them . . .,' and that no person would choose to be pro se.") (quoting Candice K. Lee, Access Denied: Limitations on Pro Se Litigants' Access to the Courts in the Eighth Circuit, 36 U.C. DAVIS L. REV. 1261, 1265 (2003)). However, one study indicated that less than a third of pro se litigants have been "forced" to represent themselves due to the prohibitive cost of professional legal assistance, while nearly one-half chose to proceed pro se based on their belief that their case was "simple" and did not require a lawyer. Id.
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53
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36349015711
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Id. at 378-79
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Id. at 378-79.
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54
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36348935852
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Id. at 379
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Id. at 379.
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55
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36348981886
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See PATRICIA A. GARCIA, AM. BAR ASS'N, LITIGANTS WITHOUT LAWYERS: COURTS AND LAWYERS MEETING THE CHALLENGES OF SELF-REPRESENTATION 8 (2002) (Another factor contributing to the pro se trend is the anti-lawyer sentiment among many people and their growing lack of trust in the justice system. Some who have chosen to represent themselves point to problems finding a lawyer, trusting a lawyer, or communicating with a lawyer as reasons for going it alone.).
-
See PATRICIA A. GARCIA, AM. BAR ASS'N, LITIGANTS WITHOUT LAWYERS: COURTS AND LAWYERS MEETING THE CHALLENGES OF SELF-REPRESENTATION 8 (2002) ("Another factor contributing to the pro se trend is the anti-lawyer sentiment among many people and their growing lack of trust in the justice system. Some who have chosen to represent themselves point to problems finding a lawyer, trusting a lawyer, or communicating with a lawyer as reasons for going it alone.").
-
-
-
-
56
-
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36348956427
-
-
Swank, supra note 12, at 379
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Swank, supra note 12, at 379.
-
-
-
-
57
-
-
36349028876
-
-
Id
-
Id.
-
-
-
-
58
-
-
36348988166
-
-
Id
-
Id.
-
-
-
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59
-
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36348993413
-
-
Id. at 378-79
-
Id. at 378-79.
-
-
-
-
60
-
-
36348968007
-
-
GARCIA, supra note 47, at 8; see also Peter L. Murray & John C. Sheldon, Should the Rules of Evidence Be Modified for Civil Non-Jury Trials?, 17 ME. BAR J. 30, 32 (2002) (citing the popularity of Judge Wapner-like television programs as a factor behind the increase in pro se litigation); supra note 4 (discussing a pro se civil litigant's reliance on the television drama Law and Order: Trial by Jury when trying to learn courtroom procedures and strategy).
-
GARCIA, supra note 47, at 8; see also Peter L. Murray & John C. Sheldon, Should the Rules of Evidence Be Modified for Civil Non-Jury Trials?, 17 ME. BAR J. 30, 32 (2002) (citing "the popularity of Judge Wapner-like television programs" as a factor behind the increase in pro se litigation); supra note 4 (discussing a pro se civil litigant's reliance on the television drama Law and Order: Trial by Jury when trying to learn courtroom procedures and strategy).
-
-
-
-
61
-
-
36349026168
-
-
See, e.g, Legal Information Institute, supra note 15 (providing access to court opinions, constitutions and codes, state and federal statutes, and an introduction to basic legal citation, FindLaw, supra note 15 offering information about various legal topics, such as personal injury, products liability and employee rights, as well as access to legal forms and state laws, In preparing to represent herself, for instance, Susan Hudock used a popular Internet search engine to find more information about the Americans with Disabilities Act, on which her claim was based. Scannell, supra note 1, at A1. Through her searches, she was able to find websites, including FindLaw and the Legal Information Institute, that gave her access to court opinions, rules of evidence, downloadable legal writing software, and a guide to writing opening statements. Id
-
See, e.g., Legal Information Institute, supra note 15 (providing access to court opinions, constitutions and codes, state and federal statutes, and an introduction to basic legal citation); FindLaw, supra note 15 (offering information about various legal topics, such as personal injury, products liability and employee rights, as well as access to legal forms and state laws). In preparing to represent herself, for instance, Susan Hudock used a popular Internet search engine to find more information about the Americans with Disabilities Act, on which her claim was based. Scannell, supra note 1, at A1. Through her searches, she was able to find websites, including FindLaw and the Legal Information Institute, that gave her access to court opinions, rules of evidence, downloadable legal writing software, and a guide to writing opening statements. Id.
-
-
-
-
62
-
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36348959885
-
-
Buxton, supra note 12, at 114
-
Buxton, supra note 12, at 114.
-
-
-
-
63
-
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36349017470
-
-
Id
-
Id.
-
-
-
-
64
-
-
36349003856
-
-
Id. at 114-15. The additional time spent by the judge explaining the terms and their import to the pro se litigant, id. at 115, may also create an unfavorable impression on jurors in a jury trial.
-
Id. at 114-15. The "additional time spent by the judge explaining the terms and their import to the pro se litigant," id. at 115, may also create an unfavorable impression on jurors in a jury trial.
-
-
-
-
65
-
-
36349002028
-
-
Swank, supra note 12, at 384
-
Swank, supra note 12, at 384.
-
-
-
-
66
-
-
36349025513
-
-
Edward M. Holt, Student Commentary, How to Treat Fools: Exploring the Duties Owed to Pro Se Litigants in Civil Cases, 25 J. LEGAL PROF. 167, 168 (2001). The Supreme Court has, however, spoken to the relationship between the court and a pro se litigant in a criminal trial, holding that a pro se defendant does not have a constitutional right to receive personal instruction from the trial judge on courtroom procedure[, n]or does the Constitution require judges to take over chores for a pro se defendant that would normally be attended to by trained counsel as a matter of course. McKaskle v. Wiggins, 465 U.S. 168, 183-84 (1984).
-
Edward M. Holt, Student Commentary, How to Treat "Fools": Exploring the Duties Owed to Pro Se Litigants in Civil Cases, 25 J. LEGAL PROF. 167, 168 (2001). The Supreme Court has, however, spoken to the relationship between the court and a pro se litigant in a criminal trial, holding that a pro se defendant "does not have a constitutional right to receive personal instruction from the trial judge on courtroom procedure[, n]or does the Constitution require judges to take over chores for a pro se defendant that would normally be attended to by trained counsel as a matter of course." McKaskle v. Wiggins, 465 U.S. 168, 183-84 (1984).
-
-
-
-
67
-
-
36348960986
-
-
See Julie M. Bradlow, Comment, Procedural Due Process Rights of Pro Se Civil Litigants, 55 U. CHI. L. REV. 659, 668 (1988) (The judge who unduly aids the pro se litigant. . . is, it is argued, wrongfully acting as an advocate for one side of the dispute.); Holt, supra note 58, at 170 (explaining that although jurisdictions may define legal advice differently, the core principle underlying the rule is that clerks are not lawyers and therefore should be prohibited from practicing law).
-
See Julie M. Bradlow, Comment, Procedural Due Process Rights of Pro Se Civil Litigants, 55 U. CHI. L. REV. 659, 668 (1988) ("The judge who unduly aids the pro se litigant. . . is, it is argued, wrongfully acting as an advocate for one side of the dispute."); Holt, supra note 58, at 170 (explaining that although jurisdictions may define "legal advice" differently, the core principle underlying the rule is that "clerks are not lawyers and therefore should be prohibited from practicing law").
-
-
-
-
68
-
-
0347092089
-
And Justice for All - Including the Unrepresented Poor: Revisiting the Roles of the Judges, Mediators, and Clerks, 67
-
Russell Engler, And Justice for All - Including the Unrepresented Poor: Revisiting the Roles of the Judges, Mediators, and Clerks, 67 FORDHAM L. REV. 1987, 1992-93 (1999).
-
(1999)
FORDHAM L. REV. 1987
, pp. 1992-1993
-
-
Engler, R.1
-
69
-
-
36349033747
-
-
Id. (noting that some jurisdictions establish this restriction by statute, while others encompass it by prohibiting clerks from practicing law and mandating their impartiality); see also Holt, supra note 58, at 170 (While the definition of 'legal advice' varies among jurisdictions, the fundamental reasoning behind the rule is that clerks are not lawyers and therefore should be prohibited from practicing law.).
-
Id. (noting that some jurisdictions establish this restriction by statute, while others encompass it by prohibiting clerks from "practicing law" and mandating their impartiality); see also Holt, supra note 58, at 170 ("While the definition of 'legal advice' varies among jurisdictions, the fundamental reasoning behind the rule is that clerks are not lawyers and therefore should be prohibited from practicing law.").
-
-
-
-
70
-
-
36348947684
-
-
For instance, clerks in some jurisdictions cannot aid pro se litigants by helping them with forms or giving them sample pleadings, while other jurisdictions permit such assistance by classifying it as outside the scope of legal advice. Engler, supra note 60, at 1994.
-
For instance, clerks in some jurisdictions cannot aid pro se litigants by helping them with forms or giving them sample pleadings, while other jurisdictions permit such assistance by classifying it as outside the scope of "legal advice." Engler, supra note 60, at 1994.
-
-
-
-
71
-
-
0033409468
-
-
Holt, supra note 58, at 170-71 (citing Engler, supra note 60, at 1996); see also Margaret Martin Barry, Accessing Justice: Are Pro Se Clinics A Reasonable Response to the Lack of Pro Bono Legal Services and Should Law School Clinics Conduct Them?, 67 FORDHAM L. REV. 1879, 1890 (1999) (Some have tried to capture the distinction by describing information as responding to 'how do I do' questions and advice as responding to 'should I' questions; the distinction is not generally that helpful because questions are not neatly phrased in this manner.).
-
Holt, supra note 58, at 170-71 (citing Engler, supra note 60, at 1996); see also Margaret Martin Barry, Accessing Justice: Are Pro Se Clinics A Reasonable Response to the Lack of Pro Bono Legal Services and Should Law School Clinics Conduct Them?, 67 FORDHAM L. REV. 1879, 1890 (1999) ("Some have tried to capture the distinction by describing information as responding to 'how do I do' questions and advice as responding to 'should I' questions; the distinction is not generally that helpful because questions are not neatly phrased in this manner.").
-
-
-
-
72
-
-
36348931293
-
-
Engler, supra note 60, at 1997
-
Engler, supra note 60, at 1997.
-
-
-
-
73
-
-
36348937547
-
-
Haines v. Kerner, 404 U.S. 519 (1972).
-
Haines v. Kerner, 404 U.S. 519 (1972).
-
-
-
-
74
-
-
36349025503
-
-
Id. at 519-20
-
Id. at 519-20.
-
-
-
-
75
-
-
36349010465
-
-
Id. at 520
-
Id. at 520.
-
-
-
-
76
-
-
36348989318
-
-
Id
-
Id.
-
-
-
-
77
-
-
36348983570
-
-
Moore v. Agency for Int'l Dev., 994 F.2d 874, 876 (D.C. Cir. 1993) (internal citations omitted).
-
Moore v. Agency for Int'l Dev., 994 F.2d 874, 876 (D.C. Cir. 1993) (internal citations omitted).
-
-
-
-
78
-
-
36348968543
-
-
Jones v. Phipps, 39 F.3d 158, 163 (7th Cir. 1994).
-
Jones v. Phipps, 39 F.3d 158, 163 (7th Cir. 1994).
-
-
-
-
79
-
-
36348934789
-
-
Holt, supra note 58, at 169
-
Holt, supra note 58, at 169.
-
-
-
-
80
-
-
36348971415
-
-
Faretta v. California, 422 U.S. 806, 852 (1975) (Blackmun, J., dissenting).
-
Faretta v. California, 422 U.S. 806, 852 (1975) (Blackmun, J., dissenting).
-
-
-
-
81
-
-
36348948801
-
-
However, since there is no constitutional guarantee to the right to counsel in civil cases, the decision to proceed pro se may be one of financial necessity rather than a true choice, as it may be in criminal cases. See supra Part II.A (providing further information on the origins of the ability to proceed pro se in both federal and state courts).
-
However, since there is no constitutional guarantee to the right to counsel in civil cases, the decision to proceed pro se may be one of financial necessity rather than a true "choice," as it may be in criminal cases. See supra Part II.A (providing further information on the origins of the ability to proceed pro se in both federal and state courts).
-
-
-
-
82
-
-
36348944881
-
-
Swank, supra note 12, at 384 internal quotation marks and citations omitted
-
Swank, supra note 12, at 384 (internal quotation marks and citations omitted).
-
-
-
-
83
-
-
36348935841
-
-
Id
-
Id.
-
-
-
-
84
-
-
36349022911
-
-
Id
-
Id.
-
-
-
-
85
-
-
36349015104
-
-
See supra Part II.C.2 (discussing the various, often inconsistent, standards to which pro se litigants are held in different jurisdictions).
-
See supra Part II.C.2 (discussing the various, often inconsistent, standards to which pro se litigants are held in different jurisdictions).
-
-
-
-
87
-
-
36348946018
-
-
Kim, supra note 26, at 1641
-
Kim, supra note 26, at 1641.
-
-
-
-
88
-
-
36349000039
-
-
See supra Part II.C.1 (detailing pro se litigants' unfamiliarity with court rules as well as judges' and court officials' struggle to maintain impartiality when interacting with the self-represented).
-
See supra Part II.C.1 (detailing pro se litigants' unfamiliarity with court rules as well as judges' and court officials' struggle to maintain impartiality when interacting with the self-represented).
-
-
-
-
89
-
-
36348990446
-
-
E.g, CASE Lisa Guerin ed, 4th ed
-
E.g., PAUL BERGMAN & SARA J. BERMAN-BARRETT, REPRESENT YOURSELF IN COURT: HOW TO PREPARE & TRY A WINNING CASE (Lisa Guerin ed., 4th ed. 2003).
-
(2003)
PREPARE & TRY A WINNING
-
-
BERGMAN, P.1
BERMAN-BARRETT, S.J.2
YOURSELF, R.3
COURT, I.4
TO, H.5
-
90
-
-
36349030530
-
-
See Buxton, supra note 12, at 124 (describing two Maryland hotlines, one providing free legal information and references to social service programs, publications or a lawyer referral service to low-income residents and one offering procedural advice that is available to all pro se litigants).
-
See Buxton, supra note 12, at 124 (describing two Maryland hotlines, one providing free legal information and references to "social service programs, publications or a lawyer referral service" to low-income residents and one offering procedural advice that is available to all pro se litigants).
-
-
-
-
91
-
-
36348959869
-
-
See Goldschmidt, supra note 78, at 15 (mentioning a commercial website advertising 'The Video Library for Self Litigation' ('You Can Be A Pro Se Litigant' for only $79)).
-
See Goldschmidt, supra note 78, at 15 (mentioning a commercial website "advertising 'The Video Library for Self Litigation' ('You Can Be A Pro Se Litigant' for only $79)").
-
-
-
-
92
-
-
36348977194
-
-
Id
-
Id.
-
-
-
-
93
-
-
36348938983
-
-
See Buxton, litigants because such assistance may ease courtroom time pressures and reduce the risk that judicial impartiality will be compromised
-
See Buxton, supra note 12, at 117 (suggesting that judges may be more receptive to programs aiding pro se litigants because such assistance may ease courtroom time pressures and reduce the risk that judicial impartiality will be compromised).
-
supra note 12, at 117 (suggesting that judges may be more receptive to programs aiding pro se
-
-
-
94
-
-
36349030549
-
-
Stanoch, supra note 13, at 298
-
Stanoch, supra note 13, at 298.
-
-
-
-
95
-
-
36348938420
-
-
Id. at 300
-
Id. at 300.
-
-
-
-
96
-
-
36349002565
-
-
Id. at 300-01
-
Id. at 300-01.
-
-
-
-
97
-
-
36348938984
-
-
Id. at 301
-
Id. at 301.
-
-
-
-
98
-
-
36349005012
-
-
Id
-
Id.
-
-
-
-
99
-
-
36348990447
-
-
Id. at 300-01
-
Id. at 300-01.
-
-
-
-
100
-
-
36348929073
-
-
Goldschmidt, supra note 78, at 20
-
Goldschmidt, supra note 78, at 20.
-
-
-
-
101
-
-
36349024964
-
-
See Buxton, supra note 12, at 119-25 (describing these types of programs in detail). For a more detailed discussion of technology- and Internet-based resources, see infra Part III.C.
-
See Buxton, supra note 12, at 119-25 (describing these types of programs in detail). For a more detailed discussion of technology- and Internet-based resources, see infra Part III.C.
-
-
-
-
102
-
-
36348992795
-
-
Goldschmidt, supra note 78, at 20-21
-
Goldschmidt, supra note 78, at 20-21.
-
-
-
-
103
-
-
36348962693
-
-
Buxton, supra note 12, at 119
-
Buxton, supra note 12, at 119.
-
-
-
-
104
-
-
36349011085
-
-
Id. at 122
-
Id. at 122.
-
-
-
-
105
-
-
36348947144
-
-
Id. at 119
-
Id. at 119.
-
-
-
-
106
-
-
36349011611
-
-
Id. at 122
-
Id. at 122.
-
-
-
-
107
-
-
36349002009
-
-
See Barry, supra note 63, at 1883 (noting that regardless of form, the basic goal of pro se clinics is to provide sufficient information to allow participants to understand and access the type of pleadings required, basic rules such as service of process, basic information that the court will require to render a decision, and a sense of the range of remedies available).
-
See Barry, supra note 63, at 1883 (noting that regardless of form, the basic goal of pro se clinics "is to provide sufficient information to allow participants to understand and access the type of pleadings required, basic rules such as service of process, basic information that the court will require to render a decision, and a sense of the range of remedies available").
-
-
-
-
108
-
-
36349002010
-
-
Buxton, supra note 12, at 122
-
Buxton, supra note 12, at 122.
-
-
-
-
109
-
-
36348955839
-
-
Goldschmidt, supra note 78, at 21
-
Goldschmidt, supra note 78, at 21.
-
-
-
-
110
-
-
36348968544
-
-
is a synonym for pro se. BLACK'S LAW DICTIONARY 1258 8th ed. 2004
-
"Pro per" is a synonym for pro se. BLACK'S LAW DICTIONARY 1258 (8th ed. 2004).
-
Pro per
-
-
-
111
-
-
36348939531
-
-
Goldschmidt, supra note 78, at 21
-
Goldschmidt, supra note 78, at 21.
-
-
-
-
112
-
-
36348944281
-
-
Buxton, supra note 12, at 123
-
Buxton, supra note 12, at 123.
-
-
-
-
113
-
-
36349003844
-
-
Barry, supra note 63, at 1908
-
Barry, supra note 63, at 1908.
-
-
-
-
114
-
-
36349029415
-
-
Buxton, supra note 12, at 123
-
Buxton, supra note 12, at 123.
-
-
-
-
115
-
-
36349026150
-
-
Barry, supra note 63, at 1908
-
Barry, supra note 63, at 1908.
-
-
-
-
116
-
-
36348941316
-
-
Id. at 1909
-
Id. at 1909.
-
-
-
-
117
-
-
36348944295
-
-
See Buxton, supra note 12, at 123 (noting that the New Mexico program makes a greater attempt, than programs such as Ventura's Family Law Clinic, to provide pro se litigants with all the tools they may need to participate successfully in the court system).
-
See Buxton, supra note 12, at 123 (noting that the New Mexico program "makes a greater attempt, than programs such as Ventura's Family Law Clinic, to provide pro se litigants with all the tools they may need to participate successfully in the court system").
-
-
-
-
118
-
-
36348938999
-
-
Id. at 123-25
-
Id. at 123-25.
-
-
-
-
119
-
-
36348985805
-
-
The Catholic University of America Columbus School of Law, Families and the Law Clinic, http://law.cua.edu/clinics/cle/clinics_families.cfm (last visited Mar. 5, 2007). For more information on the Families and the Law Clinic, see Barry, supra note 63, at 1920-22.
-
The Catholic University of America Columbus School of Law, Families and the Law Clinic, http://law.cua.edu/clinics/cle/clinics_families.cfm (last visited Mar. 5, 2007). For more information on the Families and the Law Clinic, see Barry, supra note 63, at 1920-22.
-
-
-
-
120
-
-
36348956425
-
-
See Buxton, supra note 12, at 125 (noting that law school clinics' means and staff are often limited in the number of litigants they can assist). Legal aid services are frequently similarly limited to extreme low-income segment of the population. In Pennsylvania, for instance, a family of four is only eligible for legal aid if its combined gross income does not exceed $23,000. David Narkiewicz, A 21st Century Blueprint for Providing Legal Services to the Middle Class, PA. LAW., Aug. 26, 2004, at 20, 22. In general, legal service providers are mandated to serve only those below federal poverty guidelines ([in 2002,] approximately $12,000 - $14,000 annual income for a family of four). GARCIA, supra note 47, at 8.
-
See Buxton, supra note 12, at 125 (noting that law school clinics' "means and staff are often limited in the number of litigants they can assist"). Legal aid services are frequently similarly limited to extreme low-income segment of the population. In Pennsylvania, for instance, a family of four is only eligible for legal aid if its combined gross income does not exceed $23,000. David Narkiewicz, A 21st Century Blueprint for Providing Legal Services to the Middle Class, PA. LAW., Aug. 26, 2004, at 20, 22. In general, "legal service providers are mandated to serve only those below federal poverty guidelines ([in 2002,] approximately $12,000 - $14,000 annual income for a family of four)." GARCIA, supra note 47, at 8.
-
-
-
-
121
-
-
36348963356
-
-
GOLDSCHMIDT ET AL, supra note 33, at 68
-
GOLDSCHMIDT ET AL., supra note 33, at 68.
-
-
-
-
122
-
-
36348944895
-
-
Id.; see also Fern Fisher-Brandveen & Rochelle Klempner, Unbundled Legal Services: Untying the Bundle in New York State, 29 FORDHAM URB. L.J. 1107, 1112 (2002) (Some advocates contend that a litigant is more likely to successfully complete a matter with limited help than with none at all.).
-
Id.; see also Fern Fisher-Brandveen & Rochelle Klempner, Unbundled Legal Services: Untying the Bundle in New York State, 29 FORDHAM URB. L.J. 1107, 1112 (2002) ("Some advocates contend that a litigant is more likely to successfully complete a matter with limited help than with none at all.").
-
-
-
-
123
-
-
36348978996
-
-
GOLDSCHMIDT ET AL, supra note 33, at 68
-
GOLDSCHMIDT ET AL., supra note 33, at 68.
-
-
-
-
124
-
-
36348984729
-
-
Barry, supra note 63, at 1892
-
Barry, supra note 63, at 1892.
-
-
-
-
125
-
-
36349019996
-
-
GOLDSCHMIDT ET AL., supra note 33, at 73. In fact, a 1996 survey of the Self-Service Center showed that sixty percent of customers had some college education and that the median household income of all users was between $25,000 and $45,000. Id. at 74.
-
GOLDSCHMIDT ET AL., supra note 33, at 73. In fact, a 1996 survey of the Self-Service Center showed that sixty percent of customers had some college education and that the median household income of all users was between $25,000 and $45,000. Id. at 74.
-
-
-
-
126
-
-
36348933073
-
-
This number was current as of 1998. Id
-
This number was current as of 1998. Id.
-
-
-
-
127
-
-
36348931860
-
-
Superior Court of Arizona, Maricopa County, Self-Service Center, http://www. superiorcourt.maricopa.gov/ssc/sschome.html (last visited Mar. 5, 2007).
-
Superior Court of Arizona, Maricopa County, Self-Service Center, http://www. superiorcourt.maricopa.gov/ssc/sschome.html (last visited Mar. 5, 2007).
-
-
-
-
128
-
-
36348980169
-
-
GOLDSCHMIDT ET AL, supra note 33, at 73
-
GOLDSCHMIDT ET AL., supra note 33, at 73.
-
-
-
-
129
-
-
36348977760
-
-
Id
-
Id.
-
-
-
-
130
-
-
36349014557
-
-
Barry, supra note 63, at 1892-93
-
Barry, supra note 63, at 1892-93.
-
-
-
-
131
-
-
36348954116
-
-
Users gave staff high marks for being helpful, well informed, and friendly, and for providing assistance within a reasonable time. More than 80 percent of the respondents . . . indicated they believed they had obtained what they had come for and were leaving with information needed to proceed with their case. Ninety percent of respondents found it 'somewhat' or 'very' easy to use the Self-Service Center. GOLDSCHMIDT ET AL., supra note 33, at 74.
-
Users gave staff high marks for being helpful, well informed, and friendly, and for providing assistance within a reasonable time. More than 80 percent of the respondents . . . indicated they believed they had obtained what they had come for and were leaving with information needed to proceed with their case. Ninety percent of respondents found it 'somewhat' or 'very' easy to use the Self-Service Center. GOLDSCHMIDT ET AL., supra note 33, at 74.
-
-
-
-
132
-
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36348940134
-
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See supra Part II.C (discussing at length the most common problems associated with pro se litigation).
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See supra Part II.C (discussing at length the most common problems associated with pro se litigation).
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133
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36348958781
-
-
See Thomas F. Garrett, Access to Justice: Unbundling Legal Services, 30 VT. B.J., Summer 2004, at 30 (As the number of people who want to represent themselves has increased, so has the need for legal assistance that provides information, discusses alternatives, helps plan strategies, and coaches clients on how to appear in court without triggering the costs, in time and money, of full representation.).
-
See Thomas F. Garrett, Access to Justice: Unbundling Legal Services, 30 VT. B.J., Summer 2004, at 30 ("As the number of people who want to represent themselves has increased, so has the need for legal assistance that provides information, discusses alternatives, helps plan strategies, and coaches clients on how to appear in court without triggering the costs, in time and money, of full representation.").
-
-
-
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134
-
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36349004439
-
-
Leonard Post, Firms Find New Revenue in 'Unbundling': Limited Role in Pro Se Suits Grows, NAT'L L.J., July 4, 2005, at 1. These states are: Alaska, California, Colorado, Florida, Maine, Nevada, New Mexico, Washington, and Wyoming. Id. New Hampshire and Utah are changing their rules; Iowa, Illinois, and Ohio are also planning to adopt unbundling rules; and Connecticut has begun to consider such rules. Id.
-
Leonard Post, Firms Find New Revenue in 'Unbundling': Limited Role in Pro Se Suits Grows, NAT'L L.J., July 4, 2005, at 1. These states are: Alaska, California, Colorado, Florida, Maine, Nevada, New Mexico, Washington, and Wyoming. Id. New Hampshire and Utah are changing their rules; Iowa, Illinois, and Ohio are also planning to adopt unbundling rules; and Connecticut has begun to consider such rules. Id.
-
-
-
-
135
-
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36348956426
-
-
Vauter, supra note 14
-
Vauter, supra note 14.
-
-
-
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136
-
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36349012742
-
-
Fisher-Brandveen & Klempner, supra note 114, at 1108
-
Fisher-Brandveen & Klempner, supra note 114, at 1108.
-
-
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137
-
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36348953457
-
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VT. RULES OF PROF'L CONDUCT R. 1.2(a), (c) (2004), available at http://www.vermontjudiciary.org/PRB1. htm; see also ME. R. CIV. P. 11(b) (2006) (To the extent permitted by the Maine Bar Rules, an attorney may file a limited appearance on behalf of an otherwise unrepresented litigant.); ME. B. RULES R. 3.4(i) (2006) (A lawyer may limit the scope of representation if the limitation is reasonable under the circumstances and the client provides informed consent after consultation.);
-
VT. RULES OF PROF'L CONDUCT R. 1.2(a), (c) (2004), available at http://www.vermontjudiciary.org/PRB1. htm; see also ME. R. CIV. P. 11(b) (2006) ("To the extent permitted by the Maine Bar Rules, an attorney may file a limited appearance on behalf of an otherwise unrepresented litigant."); ME. B. RULES R. 3.4(i) (2006) ("A lawyer may limit the scope of representation if the limitation is reasonable under the circumstances and the client provides informed consent after consultation.");
-
-
-
-
138
-
-
36349029959
-
-
MODEL RULES OF PROF'L CONDUCT R. 1.2(c) (2002) (A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.). It is important to note that the unbundling concept is not new to the legal profession as a whole. For several decades, business lawyers have provided discrete services, such as advising clients before they enter negotiations and drafting individual documents. Fisher-Brandveen & Klempner, supra note 114, at 1108-09. What is new, however, is the use of unbundled services by litigators. Id. at 1109.
-
MODEL RULES OF PROF'L CONDUCT R. 1.2(c) (2002) ("A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent."). It is important to note that the "unbundling" concept is not new to the legal profession as a whole. For several decades, business lawyers have provided discrete services, such as advising clients before they enter negotiations and drafting individual documents. Fisher-Brandveen & Klempner, supra note 114, at 1108-09. What is new, however, is the use of unbundled services by litigators. Id. at 1109.
-
-
-
-
139
-
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36348998924
-
-
Vauter, supra note 14
-
Vauter, supra note 14.
-
-
-
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140
-
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36348963915
-
-
FORREST S. MOSTEN, AM. BAR ASS'N, UNBUNDLING LEGAL SERVICES: A GUIDE TO DELIVERING LEGAL SERVICES A LA CARTE 1, 5 (2000).
-
FORREST S. MOSTEN, AM. BAR ASS'N, UNBUNDLING LEGAL SERVICES: A GUIDE TO DELIVERING LEGAL SERVICES A LA CARTE 1, 5 (2000).
-
-
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141
-
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36348976656
-
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Id. at 22
-
Id. at 22.
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-
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142
-
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36349023508
-
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Post, supra note 126
-
Post, supra note 126.
-
-
-
-
143
-
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36348955276
-
-
Garrett, supra note 125, at 33; see MODEL RULES OF PROF'L CONDUCT R. 1.3 (2002) (A lawyer shall act with reasonable diligence and promptness in representing a client.).
-
Garrett, supra note 125, at 33; see MODEL RULES OF PROF'L CONDUCT R. 1.3 (2002) ("A lawyer shall act with reasonable diligence and promptness in representing a client.").
-
-
-
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144
-
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36348964483
-
-
Fisher-Brandveen & Klempner, supra note 114, at 1115
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Fisher-Brandveen & Klempner, supra note 114, at 1115.
-
-
-
-
145
-
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36348935851
-
-
See Vauter, supra note 14 recommending that lawyers should only agree to offer unbundled services if they believe the client can ably represent himself in the rest of the matter
-
See Vauter, supra note 14 (recommending that lawyers should only agree to offer unbundled services if they believe the client can ably represent himself in the rest of the matter).
-
-
-
-
146
-
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36348976655
-
-
Fisher-Brandveen & Klempner, supra note 114, at 1116. Such an agreement emphasizes the contractual nature of the attorney-client relationship in unbundling situations and should adhere to freedom of contract principles. See id. (As contractual parties, the lawyer and client should be able to determine the scope of their relationship.).
-
Fisher-Brandveen & Klempner, supra note 114, at 1116. Such an agreement emphasizes the contractual nature of the attorney-client relationship in unbundling situations and should adhere to freedom of contract principles. See id. ("As contractual parties, the lawyer and client should be able to determine the scope of their relationship.").
-
-
-
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147
-
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36349021656
-
-
Id. at 1111; Papers from the National Conference on Unbundling: The Changing Face of Legal Practice: Twenty-Six Recommendations from the Baltimore Conference: A National Conference on 'Unbundled' Legal Services October 2000, 40 FAM. CT. REV. 26, 28 (2002).
-
Id. at 1111; Papers from the National Conference on Unbundling: The Changing Face of Legal Practice: Twenty-Six Recommendations from the Baltimore Conference: A National Conference on 'Unbundled' Legal Services October 2000, 40 FAM. CT. REV. 26, 28 (2002).
-
-
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148
-
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36348930724
-
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Fisher-Brandveen & Klempner, supra note 114, at 1112, 1113 internal quotation marks omitted
-
Fisher-Brandveen & Klempner, supra note 114, at 1112, 1113 (internal quotation marks omitted).
-
-
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149
-
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36349028346
-
-
In the criminal context, the Supreme Court has noted that [e]ven the intelligent and educated layman has small and sometimes no skill in the science of law, He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. Powell v. Alabama, 287 U.S. 45, 69 1932
-
In the criminal context, the Supreme Court has noted that "[e]ven the intelligent and educated layman has small and sometimes no skill in the science of law. . . . He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one." Powell v. Alabama, 287 U.S. 45, 69 (1932).
-
-
-
-
150
-
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36348978325
-
-
See supra Part III.A (discussing pro se clinics in detail).
-
See supra Part III.A (discussing pro se clinics in detail).
-
-
-
-
151
-
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36348989335
-
-
Fisher-Brandveen & Klempner, supra note 114, at 1112
-
Fisher-Brandveen & Klempner, supra note 114, at 1112.
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-
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152
-
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36348949962
-
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MOSTEN, supra note 131, at 9-10; see also id. at 2 (The unbundled client specifically contracts for the following: Extent of services provided by the lawyer Depth of services provided by the lawyer Communication and decision control between lawyer and client during the unbundled engagement).
-
MOSTEN, supra note 131, at 9-10; see also id. at 2 ("The unbundled client specifically contracts for the following: Extent of services provided by the lawyer Depth of services provided by the lawyer Communication and decision control between lawyer and client during the unbundled engagement").
-
-
-
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153
-
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36348954129
-
-
Id. at 8-9
-
Id. at 8-9.
-
-
-
-
154
-
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36348929644
-
-
Vauter, supra note 14
-
Vauter, supra note 14.
-
-
-
-
155
-
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36348929074
-
-
See id. at 1689 (Benefits also accrue to the legal system as a whole, since greater preparation and precision by self-help litigants results directly in a reduction of errors in documents and procedures, reduced demands on court personnel, and [alleviation of] crowded dockets.); Garrett, supra note 125, at 31 (noting that unbundling can facilitate the judicial process and increase[] the likelihood that the judge has all the relevant facts to make the right decision).
-
See id. at 1689 ("Benefits also accrue to the legal system as a whole, since greater preparation and precision by self-help litigants results directly in a reduction of errors in documents and procedures, reduced demands on court personnel, and [alleviation of] crowded dockets."); Garrett, supra note 125, at 31 (noting that unbundling can facilitate the judicial process and "increase[] the likelihood that the judge has all the relevant facts to make the right decision").
-
-
-
-
156
-
-
36348986385
-
-
Vauter, supra note 14
-
Vauter, supra note 14.
-
-
-
-
157
-
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36348966863
-
-
See Buxton, supra note 12, at 125 (Commercial sites offer everything from video libraries on self-litigation, to document services, to legal software ready for home use.).
-
See Buxton, supra note 12, at 125 ("Commercial sites offer everything from video libraries on self-litigation, to document services, to legal software ready for home use.").
-
-
-
-
159
-
-
84888467546
-
-
note 153 and accompanying text
-
See infra note 153 and accompanying text.
-
See infra
-
-
-
160
-
-
36349000052
-
-
Jurisdictionary - Step-by-Step Legal Self-Help, http://www. jurisdictionary.com (last visited Mar. 5, 2007).
-
Jurisdictionary - Step-by-Step Legal Self-Help, http://www. jurisdictionary.com (last visited Mar. 5, 2007).
-
-
-
-
161
-
-
36348965059
-
-
E.g., Superior Court of Arizona, Maricopa County, supra note 119 (providing online access to court forms, filing information, and attorney and mediator directories for the Superior Court of Arizona, Maricopa County).
-
E.g., Superior Court of Arizona, Maricopa County, supra note 119 (providing online access to court forms, filing information, and attorney and mediator directories for the Superior Court of Arizona, Maricopa County).
-
-
-
-
162
-
-
36349032520
-
-
E.g., Pro Se Resource Center, http://www.legalfreedom.com/prc/ (last visited Mar. 5, 2007) (providing general information on pro se litigation and links to Internet sources of assistance as well as pro se tips, inspiration and success and horror stories, but containing an explicit disclaimer that its creator is not an attorney).
-
E.g., Pro Se Resource Center, http://www.legalfreedom.com/prc/ (last visited Mar. 5, 2007) (providing general information on pro se litigation and links to Internet sources of assistance as well as pro se tips, inspiration and success and "horror" stories, but containing an explicit disclaimer that its creator is not an attorney).
-
-
-
-
163
-
-
36348943199
-
-
E.g., Self Help Support, http://www.selfhelpsupport.org/index.cfm (last visited Mar. 5, 2007) (stating that the website is designed to support courts, community and legal aid self help practitioners).
-
E.g., Self Help Support, http://www.selfhelpsupport.org/index.cfm (last visited Mar. 5, 2007) (stating that the website is designed to support "courts, community and legal aid self help practitioners").
-
-
-
-
164
-
-
36348991157
-
-
American Bar Association Standing Committee on the Delivery of Legal Services, Pro Se/Unbundling Resource Center, last visited Mar. 5, 2007
-
American Bar Association Standing Committee on the Delivery of Legal Services - Pro Se/Unbundling Resource Center, http://www.abanet.org/ legalservices/delivery/delunbund.html (last visited Mar. 5, 2007).
-
-
-
-
165
-
-
36348968006
-
-
Id. (emphasis added).
-
Id. (emphasis added).
-
-
-
-
166
-
-
36348969109
-
-
FindLaw, supra note 15
-
FindLaw, supra note 15.
-
-
-
-
167
-
-
36349009931
-
-
Id
-
Id.
-
-
-
-
168
-
-
36349000891
-
-
Legal Information Institute, supra note 15
-
Legal Information Institute, supra note 15.
-
-
-
-
169
-
-
36348937558
-
-
FindLaw, supra note 15
-
FindLaw, supra note 15.
-
-
-
-
170
-
-
36348979556
-
-
Id
-
Id.
-
-
-
-
171
-
-
36348930195
-
-
See BERGMAN & BERMAN-BARRETT, supra note 81, at 1/8 (cautioning pro se litigants that the risk of inaccuracy and miscommunication may be greater when [they] communicate over the Internet than when [they] seek legal assistance face-to-face).
-
See BERGMAN & BERMAN-BARRETT, supra note 81, at 1/8 (cautioning pro se litigants "that the risk of inaccuracy and miscommunication may be greater when [they] communicate over the Internet than when [they] seek legal assistance face-to-face").
-
-
-
-
172
-
-
36348981872
-
-
Superior Court of Arizona, Maricopa County, Self-Service Center, supra note 119; see also supra text accompanying note 119 (providing more information on the Self-Service Center of the Superior Court of Arizona, Maricopa County).
-
Superior Court of Arizona, Maricopa County, Self-Service Center, supra note 119; see also supra text accompanying note 119 (providing more information on the Self-Service Center of the Superior Court of Arizona, Maricopa County).
-
-
-
-
173
-
-
36348936427
-
-
FindLaw, supra note 15; Legal Information Institute, supra note 15; see also supra notes 157-61 and accompanying text (providing more information on the types of substantive law accessible through the FindLaw and Legal Information Institute websites).
-
FindLaw, supra note 15; Legal Information Institute, supra note 15; see also supra notes 157-61 and accompanying text (providing more information on the types of substantive law accessible through the FindLaw and Legal Information Institute websites).
-
-
-
-
174
-
-
36348962160
-
-
See supra Part III.A
-
See supra Part III.A
-
-
-
-
175
-
-
36349036851
-
-
See supra Part III.B.
-
See supra Part III.B.
-
-
-
-
176
-
-
36348979557
-
-
See supra Part III.C.
-
See supra Part III.C.
-
-
-
-
177
-
-
0346615597
-
-
Spencer G. Park, Note, Providing Equal Access to Equal Justice: A Statistical Study of Non-Prisoner Pro Se Litigation in the United States District Court for the Northern District of California in San Francisco, 48 HASTINGS L.J. 821, 849 (1997).
-
Spencer G. Park, Note, Providing Equal Access to Equal Justice: A Statistical Study of Non-Prisoner Pro Se Litigation in the United States District Court for the Northern District of California in San Francisco, 48 HASTINGS L.J. 821, 849 (1997).
-
-
-
-
178
-
-
36348975393
-
-
Kim, supra note 26, at 1643
-
Kim, supra note 26, at 1643.
-
-
-
-
179
-
-
36349031456
-
-
See supra Part III.A.
-
See supra Part III.A.
-
-
-
-
180
-
-
36348970862
-
-
See supra Parts III.A.2, III.B.2, III.C.2.
-
See supra Parts III.A.2, III.B.2, III.C.2.
-
-
-
-
181
-
-
36348957581
-
-
Of course, the early emphasis on classroom instruction may have largely been due to the fact that such proposals were first made in the late 1980s, well before the Internet or other computer-based resources became commonplace. See e.g, Kim, supra note 26, at 1643, 1651-54 advocating classroom instruction in 1987
-
Of course, the early emphasis on "classroom instruction" may have largely been due to the fact that such proposals were first made in the late 1980s, well before the Internet or other computer-based resources became commonplace. See e.g., Kim, supra note 26, at 1643, 1651-54 (advocating classroom instruction in 1987).
-
-
-
-
182
-
-
36349026167
-
-
Bradlow, supra note 59, at 660
-
Bradlow, supra note 59, at 660.
-
-
-
-
183
-
-
36349009534
-
-
Id. at 682
-
Id. at 682.
-
-
-
-
184
-
-
36348982422
-
-
See id. at 660, 676 (explaining that the sliding scale offers pro se litigants only the guarantee that judges will endeavor to give such leniency and special attention as the particular case merits, with the result being that some litigants will require very great procedural protections; others will require no protection; and the vast majority will receive an amount of protection somewhere in between). The requirements of procedural due process are beyond the scope of this Note; for a detailed explanation and application of this constitutional requirement, see id. at 677-79.
-
See id. at 660, 676 (explaining that "the sliding scale offers pro se litigants only the guarantee that judges will endeavor to give such leniency and special attention as the particular case merits," with the result being that "some litigants will require very great procedural protections; others will require no protection; and the vast majority will receive an amount of protection somewhere in between"). The requirements of procedural due process are beyond the scope of this Note; for a detailed explanation and application of this constitutional requirement, see id. at 677-79.
-
-
-
-
185
-
-
36349025504
-
-
See generally Murray & Sheldon, supra note 52 (discussing the potential relaxation of the Maine Rules of Evidence for pro se litigants in civil, non-jury trials).
-
See generally Murray & Sheldon, supra note 52 (discussing the potential relaxation of the Maine Rules of Evidence for pro se litigants in civil, non-jury trials).
-
-
-
-
186
-
-
36348985247
-
-
Id. at 35
-
Id. at 35.
-
-
-
-
187
-
-
36349005571
-
-
Id
-
Id.
-
-
-
-
188
-
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36349021657
-
-
Id
-
Id.
-
-
-
-
189
-
-
36348969094
-
Flying Under the Radar: These Little-Noticed Legal Developments Could Be Making News This Year; Arizona Makes Family Courts User-Friendly, 92
-
at, Jan
-
Margaret Graham Tebo, Flying Under the Radar: These Little-Noticed Legal Developments Could Be Making News This Year; Arizona Makes Family Courts User-Friendly, 92 A.B.A. J., at 34, 38-39 (Jan. 2006).
-
(2006)
A.B.A. J
, vol.38-39
, pp. 34
-
-
Graham Tebo, M.1
-
190
-
-
36348987457
-
-
See supra Part III.A (discussing pro se clinics)
-
See supra Part III.A (discussing pro se clinics)
-
-
-
-
191
-
-
36348986386
-
-
See supra Part III.B (discussing unbundled legal services); Part III.C (discussing internet-based pro se resources).
-
See supra Part III.B (discussing unbundled legal services); Part III.C (discussing internet-based pro se resources).
-
-
-
-
192
-
-
36349021082
-
-
See supra Part III.A.
-
See supra Part III.A.
-
-
-
-
193
-
-
36348958155
-
-
FindLaw, supra note 15; Legal Information Institute, supra note 15; see also supra Part III.C.
-
FindLaw, supra note 15; Legal Information Institute, supra note 15; see also supra Part III.C.
-
-
-
-
194
-
-
36349020009
-
-
For more information on the various types of pro se clinics currently available to self-represented, see supra Part III.A.
-
For more information on the various types of pro se clinics currently available to self-represented, see supra Part III.A.
-
-
-
-
195
-
-
36348950568
-
-
Juliet L. Kaz, Legal Document Services: Dangerous Alternatives to Attorneys?, 2 J. LEGAL ADVOC. & PRAC. 122, 122 (2000).
-
Juliet L. Kaz, Legal Document Services: Dangerous Alternatives to Attorneys?, 2 J. LEGAL ADVOC. & PRAC. 122, 122 (2000).
-
-
-
-
196
-
-
36349008968
-
-
See supra Part IV.A for further discussion and analysis of court system-based responses to the pro se phenomenon.
-
See supra Part IV.A for further discussion and analysis of court system-based responses to the pro se phenomenon.
-
-
-
-
197
-
-
36349012155
-
-
See supra Part II.B.2 (explaining that the increase in pro se litigation can be attributed to a variety of financial, societal, and psychological factors).
-
See supra Part II.B.2 (explaining that the increase in pro se litigation can be attributed to a variety of financial, societal, and psychological factors).
-
-
-
-
198
-
-
36349026744
-
-
See id
-
See id.
-
-
-
-
199
-
-
36348977783
-
-
For instance, many public libraries offer free Internet access and Internet training courses to community residents who do own computers or cannot afford Internet access at home
-
For instance, many public libraries offer free Internet access and Internet training courses to community residents who do own computers or cannot afford Internet access at home.
-
-
-
-
200
-
-
36348994592
-
-
See supra Part III.A.
-
See supra Part III.A.
-
-
-
-
201
-
-
36349030548
-
-
See supra Part II.C1 (examining various potential ethical issues raised by pro se assistance programs, including the unauthorized practice of law).
-
See supra Part II.C1 (examining various potential ethical issues raised by pro se assistance programs, including the unauthorized practice of law).
-
-
-
-
202
-
-
36349005572
-
-
Scannell, supra note 1, at A1; see also supra Part I (detailing Ms. Hudock's pro se case against Aventis Pharmaceuticals, Inc.).
-
Scannell, supra note 1, at A1; see also supra Part I (detailing Ms. Hudock's pro se case against Aventis Pharmaceuticals, Inc.).
-
-
-
-
203
-
-
36348933089
-
-
Scannell, supra note 1, at A1
-
Scannell, supra note 1, at A1.
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-
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