Pro se is a Latin adjective meaning "for self", that is applied to someone who represents himself or herself without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. In Grammar, an adjective is a word whose main syntactic role is to modify a Noun or Pronoun, giving more information about the A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential This status is sometimes known as "propria persona" or "pro per". In England and Wales the phrase "Litigant in Person" is used. History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception A litigant in person ( in propria persona or in pro per) is someone who is engaged in litigation without legal representation

In California, in both state and federal courts including the 9th Circuit, the phrase "In Pro Per" is used instead of pro se. "In pro per" is short for in propria persona Latin for "in proper person".

A popular new term for pro se is self-represented litigant (SRL). The reason for this is to make legal terms more accessible to the general public.

In the United States

Criminal law

In Adams v. United States ex rel. McCann (317 US 269) the United States Supreme Court upheld the individual's right to to represent him or herself without being admitted to a bar (pro se). The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. ^[1] Subsequent cases confirmed that in the United States, in any criminal prosecution by a State or the Federal Government the Sixth Amendment and Fourteenth Amendment of the Constitution guarantee the right of the accused to refuse the aid of an attorney, though even in those circumstances the court may require that an attorney be present as an advisor should the accused desire help. The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law The Sixth Amendment of the United States Constitution sets forth rights related to criminal prosecutions in federal courts The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first ^[2] Once a person elects to be tried pro se, however, he or she has effectively waived the right to counsel for the remainder of the trial.

Civil law

In civil lawsuits, there is no right to appointed counsel, nor a fundamental right to proceed without counsel. Most courts allow people to appear in court and submit legal documents pro se, but some prohibit legal "persons" such as corporations from appearing without representation. Note This Wikipedia entry deals with the legal concept legal person. A corporation is a separate legal entity usually used to conduct business

On the other hand, small claims courts in many jurisdictions do not allow lawyers to represent clients in front of the judge absent special circumstances. Small claims courts are Courts of limited jurisdiction that hear civil cases between private litigants Even in states like Texas where lawyers are permitted to litigate in small claims court, the court proceedings are typically less technical and much more conducive to pro se litigants. Texas ( is a state geographically located in the South Central United States and is also known as the Lone Star State.

Why people proceed Pro Se

Some individuals choose to act pro se because they themselves are lawyers or have other legal experience, or simply because they are confident in their ability to convey their claim or defense without professional aid. A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person Some pro ses may simply not want to pay the attorney's fees and expenses associated with hiring counsel. Attorney fees (note that the use of the word 'attorney' connotes lawyers broadly solicitors and barristers are the costs of legal representation that an attorney's client or a party Others may want a lawyer, but find themselves unintentionally unrepresented due to their inability to find or afford a lawyer willing to take their case. In civil court matters, this might occur where the outcome would be uncertain, such as in cases of alleged defamation where the plaintiff may be burdened by costly SLAPP litigation. An allegation (also called adduction) is a statement of a Fact by a party in a Pleading, which the party claims it will prove A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit A Strategic Lawsuit Against Public Participation (" SLAPP " is a Lawsuit or a threat of lawsuit that is intended to intimidate and silence critics by burdening Such people will often continue the case pro se rather than give up their quest for damages. In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful

In most serious criminal prosecutions in the United States, an indigent defendant has a right to a lawyer appointed by the court, so the decision to proceed pro se is rarely based on financial considerations. However, even indigent criminal defendants in jurisdictions that guarantee legal representation may still have to represent themselves in the later stages of the case, as free representation is often only provided by the state during the initial trial and the direct appeal. A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff This is especially true in collateral proceedings such as habeas corpus or postconviction petitions that fall outside the normal appeals process. Habeas corpus (ˈheɪbiəs ˈkɔɹpəs ( Latin: command that you have the body is the name of a legal action or Writ, through which a person can seek relief

Resources for the Pro Se

For those individuals who do elect to proceed on their own, there are many resources both in print and other formats, and many on the Internet, that offer ideas, definitions, instructions, legal topic overviews and do it yourself legal forms for many matters. Cases, decisions, and statutes can be found in law libraries. Legal document assistants, and in certain states where permitted by law, Paralegals, may also assist with brief preparation, for a fee. A legal document assistant, or LDA (also commonly known as “legal document preparer” “legal technician” “online legal document provider” and “legal document clerk” A paralegal is a person with legal training and/or knowledge who works under the direct supervision of a Lawyer. Pro se litigants, in some courts, can obtain filing assistance from a pro se clerk at the courthouse, or in very limited circumstances, the judge, underway in the case, may give advice from the bench on how to navigate the law. A judge, or justice, is an Official who presides over a Court of law ^[3] Their fees are negotiable, but if on an hourly rate, expect to pay average lawyer fees in the U. S. of around $200-300 per hour. ^[4]

Notable Pro Se Litigants

Thomas Van Orden, a lawyer with a suspended license to practice law who was living homelessly in Austin, Texas, managed to challenge a religious display on the state capitol grounds, and successfully navigated his case all the way to the Supreme Court. Thomas Van Orden is a US Lawyer who challenged the Constitutionality of displaying the Ten Commandments on Public property. While he was ultimately unsuccessful at getting the display removed, he was extremely successful at litigating the case. See Van Orden v. Perry. Van Orden v Perry, 545 US 677 ( 2005) was a case decided by the Supreme Court of the United States of America, involving whether a government-sponsored ^{[5] [6] [7]}

Edward C. Lawson is an African American civil rights activist, who was the pro se defendant in the case of Kolender v. Lawson (461 U. Edward C Lawson is an African American Civil rights activist who was the plaintiff in the case of Kolender v African Americans or Black Americans are citizens or residents of the United States who have origins in any of the black populations of Africa Kolender v Lawson,, is a United States Supreme Court case concerning the constitutionality of laws that allow police to demand that “loiterers” and “wanderers” S. 352, 1983) in which the United States Supreme Court ruled that a police officer could not arrest a citizen merely for refusing to present identification. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. ^{[8] [9] [10] [11]}

Jim Traficant, a former Congressman from Ohio, represented himself in a RICO case in 1983, and was acquitted of all charges, becoming the only person to ever win a RICO case while representing himself. James Anthony Traficant Jr (born May 8, 1941) is a former Democratic Representative in the United States Congress from The Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO Act or RICO) is a United States federal law that provides for extended Traficant would represent himself again in 2002, this time unsuccessfully, and was sentenced to prison for 8 years for taking bribes, filing false tax returns, and racketeering. A racket is an illegal business usually run as part of Organized crime. ^{[12] [13] [14]}

Barbara Schwarz, of Salt Lake City, Utah, has filed a large number of Freedom of Information Act (FOIA) requests. Salt Lake City is the Capital and the most populous city of the U When the responses failed to verify her claims, she responded with litigation, which she has done pro se. According to the Salt Lake Tribune, "at least one of Schwarz's lawsuits has been considered by a U. The Salt Lake Tribune is the largest-circulated daily newspaper in the U S. District or U. S. Circuit Court of Appeals somewhere in the nation every year since 1993. "^[15] A 2005 article in the Asbury Park Press referred to Schwarz as "notorious for her nationwide quest for documents". The Asbury Park Press is the major daily Newspaper in Monmouth and Ocean counties of New Jersey The same article quoted the New Jersey Government Records Council chairman as suggesting that: "lawmakers should consider amending the law to keep libraries from being forced to undertake private research projects, like Schwarz's. " ^[16]

References