Skip to main content

Why are Pro Se allowed..

Cincinnati, OH |

Why are Pro Se allowed to file complaints in Federal Court when Judges do not like Pro Se litigating cases. It's a complete waste because Pro Se never win in Federal Court and then its a complete waste to the tax payers?

Attorney Answers 4


  1. A U.S. citizen has a First Amendment right to petition the government for redress of their grievances. http://en.wikipedia.org/wiki/Right_to_petition_in_the_United_States

    It's not that judges don't like pro se litigants; rather, judges don't like people who don't understand or follow the rules of civil procedure and the rules of evidence.

    No attorney-client relationship is established via AVVO.com. The material posted by Kyle J. Bristow, Esq., is for educational purposes for prospective clients only and people should not make legal decisions based on it. You are advised not to take, or refrain from taking, any action based on what Mr. Bristow has stated on this website.


  2. Judges like pro se litigants who know what they are doing. Its the bumbling litigant wasting court time because he/she does not understand what he/she can and cannot do.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


  3. There is an old saying that one who represents himself has a fool for a client.

    There is no law requiring an attorney. If you want to represent yourself, you are free to do so. Federal courts tend to be stickler for details. You must know the rules of procedure as well as the substantive law. A pro se should be treated the same as a represented party - the same deadlines and procedural requirements.

    Pro se parties occasionally do win. The facts are the facts and if a pro se has good facts and the law is on their side, he or she can win. However, a pro se with good facts and good law can also lose if they fail to meet deadlines or follow court procedure.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.


  4. I think your question was mainly asked out of frustration, but many of us, especially attorneys who occasionally have to deal with pro se litigants , would sympathize with you. And yes, judges as well.

    Pro se representation is allowed because everyone, whether they have an attorney or not, has a constitutional right to access to courts. But pro se litigants are responsible for knowing the rules just like attorneys. Judges can allow pro se people some latitude for their lack of experience, like a quick FYI about procedure or directing them to the proper office, but that's pretty much it. If a pro se litigant files a frivolous complaint, he is subject to sanctions and court costs like everyone else. If a pro se party gets a reputation for notoriously filing frivolous complaints or motions, a court in extraordinary circumstances can declare that person a "vexatious litigator", which would prevent him from even filing in the clerk's office, unless they get permission from the court first.

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics