Why are Pro Se allowed..

Asked almost 2 years ago - 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. Kyle J Bristow

    Contributor Level 13

    4

    Lawyers agree

    Answered . 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_...

    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... more
  2. Rixon Charles Rafter III

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.... more
  3. David Keith Greer

    Contributor Level 12

    2

    Lawyers agree

    Answered . 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.

  4. Michael T Millar

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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... more

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