The Pro Se Phenomenn亲色现象.docVIP

The Pro Se Phenomenon Drew A. Swank, Esq.* I. Introduction Why would anyone choose to go to court without a lawyer? It is a simple question. In the varied host of television dramas, attorneys, not the parties, are always arguing the cases. Only on reality/entertainment oriented shows like “Judge Judy” and the like do people argue their own cases. Such pro se appearances typically result in the parties being mocked, berated, and the law ignored. These examples hardly show any positive aspects of going to court without counsel. Attorneys’ own lexicon even encourages against proceeding pro se with the adage that “one who is his own lawyer has a fool for a client.” The answer to the simple question of why people proceed pro se, however, is not quite so straightforward. While there is a great deal of anecdotal evidence as to why people represent themselves in court, there has been relatively little substantive research into the issue. While it may not be understood why people go to court without counsel, it is certainly perceived by many commentators that more are doing so now than ever before. Another perception is that people litigating their own cases are a problem—a problem for both themselves and our courts. This Note examines the rise of pro se litigation in recent years, which can be called the pro se phenomenon, and offers some alternatives to these common misperceptions regarding pro se litigants. By examining the ability to proceed pro se, the frequency of pro se litigation, the reasons why pro se litigants exist, and the legal implications for pro se litigants and the rest of society, this Note suggests that the reason for pro se litigation is not as black and white as it is imagined to be. As courts around the United States contemplate creating procedures to better assist or accommodate pro se litigants, it is imperative that the reason for pro se litigation be understood. Without an accurate understanding of the current pro se environment, changes to the sy