Definition of a Pro Se Attorney

Pro se representation means that an individual party to a case is serving as his own attorney. Parties representing themselves in court may file documents and make oral arguments in the same manner as outside lawyer. Pro se parties are expected to comply with the same rules, deadlines and procedures as a licensed attorney.

Governing Rules

Federal laws explicitly address a litigant's right to self-representation. The Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Criminal Procedure and U.S. Judiciary Act all contain provisions for persons appearing pro se. The U.S. Supreme Court has also upheld the right to self-representation numerous times.

Limitations

Most persons are permitted to represent themselves in court in personal matters. Likewise, most sole proprietors are permitted to appear pro se for their company. Most corporations and partnerships, however, may not be represented by a pro se litigant. In some probate matters, estate executors are also required to obtain licensed outside counsel. In these cases, the courts may make exceptions for pro se parties who are licensed attorneys.

Reasons

Litigants may choose to appear pro se for a number of reasons, although most choose to do so to avoid attorney fees. In many cases, parties appear pro se because do not qualify for free legal service through the public defender's office or legal aid yet still cannot afford a private lawyer. Practicing lawyers, law students and other legal professionals such as paralegals or consults sometimes choose to forgo counsel because they have a professional knowledge of the law and can handle their cases without legal assistance. In other instances, such as uncontested divorces, litigants may choose to represent themselves because their cases are straightforward and do not require an in-depth understanding of the law.

Fees

Pro se litigants who are also practicing attorneys or legal professionals may not request reimbursement of their fees from the opposing party, even if the law would otherwise allow them to collect the cost of their legal representation. Persons representing themselves will be responsible for all filing fees and other out-of-pocket costs associated with their case.

Help For Pro Se Parties

Most courts offer assistance to pro se litigants through the public defender's office or legal aid division. The court clerk's office also keeps sample petitions, motions and other common legal forms on file for pro se parties use when preparing their cases. Additionally, the American Bar Association also monitors the amount of litigants appearing pro se as well as challenges to the right to self-representation and offers analysis and suggestions for judges and lawyers working with pro se parties to ensure that they are treated fairly.