Pro Se Definition
When an attorney represents someone in court, they speak and act on their client's behalf, almost as if they were their client. Legal representation of others is reserved to trained and licensed professionals, and they are so prevalent in modern America, that defending one's self before the law is virtually a lost art. The pro se litigant is certainly a caricature in the public perception.
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Identification
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"Pro se" is a Latin phrase that means "for oneself." It is the designation given to someone who represents themselves in court. The term "pro per", short for propria persona, is also used. Unlike their professionally represented counterparts, pro se litigants question witnesses and address the judge directly. Like other parties to a trial, they can delivery testimony in their own defense or in support of their complaint.
Significance
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A person who represents themselves in court is entitled to all the same rights and privileges as any other litigant. Due process of law extends to all, regardless of whether they receive professional legal representation. A lawyer who makes their own case in court, even though they are professional legal counsel, is still considered a pro se litigant.
Misconceptions
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The most common perception of pro se litigants is that they're probably mentally unbalanced and fair poorly in court. A 2007 study published in the North Carolina Law Review titled "Defending the Right to Self Representation: An Empirical Look at the Pro Se Felony Defendant" (see Resources) contradicts these popular notions, finding that those who represent themselves do the same or slightly better than their represented counterparts. The vast majority, with obvious exceptions, do not evidence any mental deficiency or illness.
Considerations
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Assuming the conclusions published in the North Carolina Law Review are correct, the suggestion is that legal representation is a specialized field of knowledge, but not inaccessible to the devoted layperson. The key distinction is the determination and effort necessary to make an effective legal argument in court. Despite these findings, most litigants seek professional legal counsel and representation because they are simply unable or unwilling to expend the time and effort to defend themselves.
Warning
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If you should decide to represent yourself in court as a pro se litigant, it's highly recommended that you seek out and study the abundant resources available from local libraries, courthouses and free public interest legal support groups. When interacting with the court, adhering exclusively to current and widely accepted pleadings, terms and forms will help prevent turning the opinion of the court against you. Attempting to use obscure legal theories that have been resoundingly rejected by the court system will only tend to paint you as the stereotypical, unbalanced pro se litigant.
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