Legal News

Pro Se Litigants: On the Rise and Mucking Things Up

By Jennifer Forsyth

As LB readers are very aware, it’s been a stressful year for the legal profession. Several sizable firms have resorted to layoffs and many more are expecting profits to be down considerably. So the Associated Press didn’t do much to cheer us this week by reporting that more individuals have resorted to serving as their own lawyer. (Here’s the story.)

“The number of people serving as their own lawyers is on the rise across the country, and the cases are no longer limited to uncontested divorces and small claims. Even people embroiled in child-custody cases, potentially devastating lawsuits, and bankruptcies are representing themselves, legal specialists say,” the AP reports.

Worse yet, these do-it-yourselfers are apparently making things worse for the professionals.

“The trend has resulted in court systems clogged with filings from people unfamiliar with legal procedure. Moreover, some of these pro se litigants, as they are known, are making mistakes with expensive and long-lasting consequences - perhaps confirming the old saying that he who represents himself has a fool for a client.”

Perhaps the most surprising aspect of the story: the ABA is aiding and abetting this effort. “The legal profession may not like the trend but realizes it is here to stay; it has gotten behind the effort. The American Bar Association is encouraging states to set up self-help desks and adopt standard forms for such things as uncontested divorces.”

Ah, with friends like the ABA…

Full post as published by Law Blog - WSJ.com on November 28, 2008 (boomark / email).