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Volumn 60, Issue 3, 2007, Pages 983-1019

Help at your fingertips: A twenty-first century response to the pro se phenomenon
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EID: 36349014267     PISSN: 00422533     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review
Times cited : (17)

References (203)
  • 1
    • 33746910791 scopus 로고    scopus 로고
    • In Phoenix Court, Sales Rep Battles Aventis on Her Own
    • Aug. 9, at
    • Kara Scanneil, In Phoenix Court, Sales Rep Battles Aventis on Her Own, WALL ST. J., Aug. 9, 2005, at A1.
    • (2005) WALL ST. J
    • Scanneil, K.1
  • 2
    • 36349036852 scopus 로고    scopus 로고
    • 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).
  • 3
    • 36348944897 scopus 로고    scopus 로고
    • 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).
  • 4
    • 36348931309 scopus 로고    scopus 로고
    • 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.
    • Id
    • Scannell1
  • 5
    • 36348939547 scopus 로고    scopus 로고
    • Id
    • Id.
  • 6
    • 36348934801 scopus 로고    scopus 로고
    • Id
    • Id.
  • 7
    • 36349012867 scopus 로고    scopus 로고
    • Id
    • Id.
  • 8
    • 36348961604 scopus 로고    scopus 로고
    • Id
    • Id.
  • 9
    • 36348938140 scopus 로고    scopus 로고
    • Id
    • Id.
  • 10
    • 36349036283 scopus 로고    scopus 로고
    • Id
    • Id.
  • 11
    • 36349015120 scopus 로고    scopus 로고
    • See 28 U.S.C. § 1654 (2007) (In all courts of the United States the parties may plead and conduct their own cases personally.).
    • See 28 U.S.C. § 1654 (2007) ("In all courts of the United States the parties may plead and conduct their own cases personally.").
  • 12
    • 36348986388 scopus 로고    scopus 로고
    • 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);
  • 13
    • 36348951758 scopus 로고    scopus 로고
    • 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).
    • 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).
  • 14
    • 36348979559 scopus 로고    scopus 로고
    • 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).
    • 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).
  • 15
    • 36348996264 scopus 로고    scopus 로고
    • 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).
  • 16
    • 39149130217 scopus 로고    scopus 로고
    • Legal Information Institute, http:// last visited Mar. 5
    • See, e.g., Legal Information Institute, http://www.law.cornell.edu (last visited Mar. 5, 2007);
    • (2007) See, e.g
  • 17
    • 36349018020 scopus 로고    scopus 로고
    • FindLaw, http://www.findlaw.com (last visited Mar. 5, 2007);
    • FindLaw, http://www.findlaw.com (last visited Mar. 5, 2007);
  • 18
    • 36348944896 scopus 로고    scopus 로고
    • 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).
    • 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).
  • 19
    • 36349036854 scopus 로고    scopus 로고
    • While criminal defendants can also proceed pro se, this Note focuses exclusively on civil pro se litigants and does not consider their criminal counterparts
    • While criminal defendants can also proceed pro se, this Note focuses exclusively on civil pro se litigants and does not consider their criminal counterparts.
  • 20
    • 36348996255 scopus 로고    scopus 로고
    • 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.
    • 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.
  • 21
    • 36348964482 scopus 로고    scopus 로고
    • 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.
    • 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.
  • 22
    • 36349011610 scopus 로고    scopus 로고
    • JUDICIARY ACT OF 1789 § 35 (1789), available at http://www.constitution.org/uslaw/ judiciary_1789.htm.
    • JUDICIARY ACT OF 1789 § 35 (1789), available at http://www.constitution.org/uslaw/ judiciary_1789.htm.
  • 23
    • 84874306577 scopus 로고    scopus 로고
    • § 1654 2005
    • 28 U.S.C. § 1654 (2005).
    • 28 U.S.C
  • 24
    • 36349013981 scopus 로고    scopus 로고
    • Id
    • Id.
  • 25
    • 36348933090 scopus 로고    scopus 로고
    • 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).
    • 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).
  • 26
    • 36348974839 scopus 로고    scopus 로고
    • 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.").
  • 27
    • 36349009520 scopus 로고    scopus 로고
    • GA. CONST. art. I, para. XII, § 1.
    • GA. CONST. art. I, para. XII, § 1.
  • 28
    • 36349013991 scopus 로고    scopus 로고
    • MICH. CONST. art. I, § 13.
    • MICH. CONST. art. I, § 13.
  • 29
    • 36348929072 scopus 로고    scopus 로고
    • 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
    • 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).
  • 30
    • 36348985233 scopus 로고    scopus 로고
    • 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.).
    • 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.").
  • 31
    • 36349024979 scopus 로고    scopus 로고
    • Scannell, supra note 1, at A1
    • Scannell, supra note 1, at A1.
  • 32
    • 36348935274 scopus 로고    scopus 로고
    • 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.
    • 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.
  • 33
    • 36349036853 scopus 로고    scopus 로고
    • 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);
    • 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);
  • 34
    • 36348948248 scopus 로고    scopus 로고
    • 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);
    • 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);
  • 35
    • 36348961602 scopus 로고    scopus 로고
    • 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);
    • 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);
  • 36
    • 36348933658 scopus 로고    scopus 로고
    • 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).
    • 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).
  • 37
    • 36348948817 scopus 로고    scopus 로고
    • 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).
  • 38
    • 36349012852 scopus 로고    scopus 로고
    • Swank, supra note 12, at 377
    • Swank, supra note 12, at 377.
  • 39
    • 36349032032 scopus 로고    scopus 로고
    • JONA GOLDSCHMIDT ET AL., MEETING THE CHALLENGE OF PRO SE LITIGATION: A REPORT AND GUIDEBOOK FOR JUDGES AND COURT MANAGERS 9 (1998).
    • JONA GOLDSCHMIDT ET AL., MEETING THE CHALLENGE OF PRO SE LITIGATION: A REPORT AND GUIDEBOOK FOR JUDGES AND COURT MANAGERS 9 (1998).
  • 41
    • 36348943188 scopus 로고    scopus 로고
    • Id. at n.2
    • Id. at n.2.
  • 42
    • 36349033191 scopus 로고    scopus 로고
    • GOLDSCHMIDT ET AL, supra note 33, at 9
    • GOLDSCHMIDT ET AL., supra note 33, at 9.
  • 43
    • 36349016894 scopus 로고    scopus 로고
    • Pro Se Statistics 1
    • 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).
    • (2004)
  • 44
    • 36348977207 scopus 로고    scopus 로고
    • 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).
    • 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).
  • 45
    • 36348987458 scopus 로고    scopus 로고
    • 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).
    • 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).
  • 46
    • 36349035723 scopus 로고    scopus 로고
    • 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).
    • 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).
  • 47
    • 36348970318 scopus 로고    scopus 로고
    • 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).
    • 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).
  • 48
    • 36348976657 scopus 로고    scopus 로고
    • 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).
    • 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).
  • 49
    • 36349024058 scopus 로고    scopus 로고
    • Id
    • Id.
  • 50
    • 36349000892 scopus 로고    scopus 로고
    • Id
    • Id.
  • 51
    • 36349018019 scopus 로고    scopus 로고
    • Faretta v. California, 422 U.S. 806, 852 (1975) (Blackmun, J., dissenting).
    • Faretta v. California, 422 U.S. 806, 852 (1975) (Blackmun, J., dissenting).
  • 52
    • 36348930196 scopus 로고    scopus 로고
    • 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.
  • 53
    • 36349015711 scopus 로고    scopus 로고
    • Id. at 378-79
    • Id. at 378-79.
  • 54
    • 36348935852 scopus 로고    scopus 로고
    • Id. at 379
    • Id. at 379.
  • 55
    • 36348981886 scopus 로고    scopus 로고
    • 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
    • 36348956427 scopus 로고    scopus 로고
    • Swank, supra note 12, at 379
    • Swank, supra note 12, at 379.
  • 57
    • 36349028876 scopus 로고    scopus 로고
    • Id
    • Id.
  • 58
    • 36348988166 scopus 로고    scopus 로고
    • Id
    • Id.
  • 59
    • 36348993413 scopus 로고    scopus 로고
    • Id. at 378-79
    • Id. at 378-79.
  • 60
    • 36348968007 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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
    • 36348959885 scopus 로고    scopus 로고
    • Buxton, supra note 12, at 114
    • Buxton, supra note 12, at 114.
  • 63
    • 36349017470 scopus 로고    scopus 로고
    • Id
    • Id.
  • 64
    • 36349003856 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Swank, supra note 12, at 384
    • Swank, supra note 12, at 384.
  • 66
    • 36349025513 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Engler, supra note 60, at 1997
    • Engler, supra note 60, at 1997.
  • 73
    • 36348937547 scopus 로고    scopus 로고
    • Haines v. Kerner, 404 U.S. 519 (1972).
    • Haines v. Kerner, 404 U.S. 519 (1972).
  • 74
    • 36349025503 scopus 로고    scopus 로고
    • Id. at 519-20
    • Id. at 519-20.
  • 75
    • 36349010465 scopus 로고    scopus 로고
    • Id. at 520
    • Id. at 520.
  • 76
    • 36348989318 scopus 로고    scopus 로고
    • Id
    • Id.
  • 77
    • 36348983570 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Jones v. Phipps, 39 F.3d 158, 163 (7th Cir. 1994).
    • Jones v. Phipps, 39 F.3d 158, 163 (7th Cir. 1994).
  • 79
    • 36348934789 scopus 로고    scopus 로고
    • Holt, supra note 58, at 169
    • Holt, supra note 58, at 169.
  • 80
    • 36348971415 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Id
    • Id.
  • 84
    • 36349022911 scopus 로고    scopus 로고
    • Id
    • Id.
  • 85
    • 36349015104 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Kim, supra note 26, at 1641
    • Kim, supra note 26, at 1641.
  • 88
    • 36349000039 scopus 로고    scopus 로고
    • 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).
  • 90
    • 36349030530 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Id
    • Id.
  • 93
    • 36348938983 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Stanoch, supra note 13, at 298
    • Stanoch, supra note 13, at 298.
  • 95
    • 36348938420 scopus 로고    scopus 로고
    • Id. at 300
    • Id. at 300.
  • 96
    • 36349002565 scopus 로고    scopus 로고
    • Id. at 300-01
    • Id. at 300-01.
  • 97
    • 36348938984 scopus 로고    scopus 로고
    • Id. at 301
    • Id. at 301.
  • 98
    • 36349005012 scopus 로고    scopus 로고
    • Id
    • Id.
  • 99
    • 36348990447 scopus 로고    scopus 로고
    • Id. at 300-01
    • Id. at 300-01.
  • 100
    • 36348929073 scopus 로고    scopus 로고
    • Goldschmidt, supra note 78, at 20
    • Goldschmidt, supra note 78, at 20.
  • 101
    • 36349024964 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Goldschmidt, supra note 78, at 20-21
    • Goldschmidt, supra note 78, at 20-21.
  • 103
    • 36348962693 scopus 로고    scopus 로고
    • Buxton, supra note 12, at 119
    • Buxton, supra note 12, at 119.
  • 104
    • 36349011085 scopus 로고    scopus 로고
    • Id. at 122
    • Id. at 122.
  • 105
    • 36348947144 scopus 로고    scopus 로고
    • Id. at 119
    • Id. at 119.
  • 106
    • 36349011611 scopus 로고    scopus 로고
    • Id. at 122
    • Id. at 122.
  • 107
    • 36349002009 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Buxton, supra note 12, at 122
    • Buxton, supra note 12, at 122.
  • 109
    • 36348955839 scopus 로고    scopus 로고
    • Goldschmidt, supra note 78, at 21
    • Goldschmidt, supra note 78, at 21.
  • 110
    • 36348968544 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Goldschmidt, supra note 78, at 21
    • Goldschmidt, supra note 78, at 21.
  • 112
    • 36348944281 scopus 로고    scopus 로고
    • Buxton, supra note 12, at 123
    • Buxton, supra note 12, at 123.
  • 113
    • 36349003844 scopus 로고    scopus 로고
    • Barry, supra note 63, at 1908
    • Barry, supra note 63, at 1908.
  • 114
    • 36349029415 scopus 로고    scopus 로고
    • Buxton, supra note 12, at 123
    • Buxton, supra note 12, at 123.
  • 115
    • 36349026150 scopus 로고    scopus 로고
    • Barry, supra note 63, at 1908
    • Barry, supra note 63, at 1908.
  • 116
    • 36348941316 scopus 로고    scopus 로고
    • Id. at 1909
    • Id. at 1909.
  • 117
    • 36348944295 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Id. at 123-25
    • Id. at 123-25.
  • 119
    • 36348985805 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • GOLDSCHMIDT ET AL, supra note 33, at 68
    • GOLDSCHMIDT ET AL., supra note 33, at 68.
  • 122
    • 36348944895 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • GOLDSCHMIDT ET AL, supra note 33, at 68
    • GOLDSCHMIDT ET AL., supra note 33, at 68.
  • 124
    • 36348984729 scopus 로고    scopus 로고
    • Barry, supra note 63, at 1892
    • Barry, supra note 63, at 1892.
  • 125
    • 36349019996 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • This number was current as of 1998. Id
    • This number was current as of 1998. Id.
  • 127
    • 36348931860 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • GOLDSCHMIDT ET AL, supra note 33, at 73
    • GOLDSCHMIDT ET AL., supra note 33, at 73.
  • 129
    • 36348977760 scopus 로고    scopus 로고
    • Id
    • Id.
  • 130
    • 36349014557 scopus 로고    scopus 로고
    • Barry, supra note 63, at 1892-93
    • Barry, supra note 63, at 1892-93.
  • 131
    • 36348954116 scopus 로고    scopus 로고
    • 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
    • 36348940134 scopus 로고    scopus 로고
    • See supra Part II.C (discussing at length the most common problems associated with pro se litigation).
    • See supra Part II.C (discussing at length the most common problems associated with pro se litigation).
  • 133
    • 36348958781 scopus 로고    scopus 로고
    • 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.").
  • 134
    • 36349004439 scopus 로고    scopus 로고
    • 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
    • 36348956426 scopus 로고    scopus 로고
    • Vauter, supra note 14
    • Vauter, supra note 14.
  • 136
    • 36349012742 scopus 로고    scopus 로고
    • Fisher-Brandveen & Klempner, supra note 114, at 1108
    • Fisher-Brandveen & Klempner, supra note 114, at 1108.
  • 137
    • 36348953457 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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
    • 36348998924 scopus 로고    scopus 로고
    • Vauter, supra note 14
    • Vauter, supra note 14.
  • 140
    • 36348963915 scopus 로고    scopus 로고
    • 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).
  • 141
    • 36348976656 scopus 로고    scopus 로고
    • Id. at 22
    • Id. at 22.
  • 142
    • 36349023508 scopus 로고    scopus 로고
    • Post, supra note 126
    • Post, supra note 126.
  • 143
    • 36348955276 scopus 로고    scopus 로고
    • 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.").
  • 144
    • 36348964483 scopus 로고    scopus 로고
    • Fisher-Brandveen & Klempner, supra note 114, at 1115
    • Fisher-Brandveen & Klempner, supra note 114, at 1115.
  • 145
    • 36348935851 scopus 로고    scopus 로고
    • 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
    • 36348976655 scopus 로고    scopus 로고
    • 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.").
  • 147
    • 36349021656 scopus 로고    scopus 로고
    • 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).
  • 148
    • 36348930724 scopus 로고    scopus 로고
    • 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).
  • 149
    • 36349028346 scopus 로고    scopus 로고
    • 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
    • 36348978325 scopus 로고    scopus 로고
    • See supra Part III.A (discussing pro se clinics in detail).
    • See supra Part III.A (discussing pro se clinics in detail).
  • 151
    • 36348989335 scopus 로고    scopus 로고
    • Fisher-Brandveen & Klempner, supra note 114, at 1112
    • Fisher-Brandveen & Klempner, supra note 114, at 1112.
  • 152
    • 36348949962 scopus 로고    scopus 로고
    • 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").
  • 153
    • 36348954129 scopus 로고    scopus 로고
    • Id. at 8-9
    • Id. at 8-9.
  • 154
    • 36348929644 scopus 로고    scopus 로고
    • Vauter, supra note 14
    • Vauter, supra note 14.
  • 155
    • 36348929074 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Vauter, supra note 14
    • Vauter, supra note 14.
  • 157
    • 36348966863 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • note 153 and accompanying text
    • See infra note 153 and accompanying text.
    • See infra
  • 160
    • 36349000052 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Id. (emphasis added).
    • Id. (emphasis added).
  • 166
    • 36348969109 scopus 로고    scopus 로고
    • FindLaw, supra note 15
    • FindLaw, supra note 15.
  • 167
    • 36349009931 scopus 로고    scopus 로고
    • Id
    • Id.
  • 168
    • 36349000891 scopus 로고    scopus 로고
    • Legal Information Institute, supra note 15
    • Legal Information Institute, supra note 15.
  • 169
    • 36348937558 scopus 로고    scopus 로고
    • FindLaw, supra note 15
    • FindLaw, supra note 15.
  • 170
    • 36348979556 scopus 로고    scopus 로고
    • Id
    • Id.
  • 171
    • 36348930195 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • See supra Part III.A
    • See supra Part III.A
  • 175
    • 36349036851 scopus 로고    scopus 로고
    • See supra Part III.B.
    • See supra Part III.B.
  • 176
    • 36348979557 scopus 로고    scopus 로고
    • See supra Part III.C.
    • See supra Part III.C.
  • 177
    • 0346615597 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Kim, supra note 26, at 1643
    • Kim, supra note 26, at 1643.
  • 179
    • 36349031456 scopus 로고    scopus 로고
    • See supra Part III.A.
    • See supra Part III.A.
  • 180
    • 36348970862 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Bradlow, supra note 59, at 660
    • Bradlow, supra note 59, at 660.
  • 183
    • 36349009534 scopus 로고    scopus 로고
    • Id. at 682
    • Id. at 682.
  • 184
    • 36348982422 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Id. at 35
    • Id. at 35.
  • 187
    • 36349005571 scopus 로고    scopus 로고
    • Id
    • Id.
  • 188
    • 36349021657 scopus 로고    scopus 로고
    • Id
    • Id.
  • 189
    • 36348969094 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • See supra Part III.A (discussing pro se clinics)
    • See supra Part III.A (discussing pro se clinics)
  • 191
    • 36348986386 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • See supra Part III.A.
    • See supra Part III.A.
  • 193
    • 36348958155 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • See id
    • See id.
  • 199
    • 36348977783 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • See supra Part III.A.
    • See supra Part III.A.
  • 201
    • 36349030548 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • 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 scopus 로고    scopus 로고
    • Scannell, supra note 1, at A1
    • Scannell, supra note 1, at A1.


* 이 정보는 Elsevier사의 SCOPUS DB에서 KISTI가 분석하여 추출한 것입니다.