Self-representation in court without the assistance of a lawyer is not an uncommon practice. According to the Self-Represented Litigation Network, three out of every five people who file civil cases represent themselves in court. While criminal defendants are legally entitled to have a lawyer argue their case, some defendants also choose to represent themselves in court.
While there is no single reason why individuals choose to represent themselves, financial concerns motivate many litigants who choose to speak on behalf of their own interests in court. A Legal Services Corporation study on The Justice Gap indicates that “86% of the civil legal problems reported by low-income Americans received inadequate or no legal help." Thankfully, there are resources available for those who either choose to represent themselves in court or feel like they have no other option.
Can You Represent Yourself in Court?
You’re entitled to represent yourself in civil or criminal court unless narrow exceptions related to mental illness apply. If you choose to represent yourself, you’ll be considered a "pro se" litigant. Pro se is a Latin phrase that literally means "for oneself, on one's own behalf." You can find more general and state-specific information about this process when searching for self-representation resources and pro se representation resources.What to Expect When Representing Yourself in Court
Some judges treat pro se litigants less strictly than they do lawyers because they understand that if you’re representing yourself and you’re not a lawyer, you aren’t going to understand courtroom rules and norms in the same ways that lawyers do. The judge may speak to you straightforwardly, prompt you when necessary, and allow you to present your arguments in a less formal way. However, some judges won't treat pro se litigants any differently than lawyers. These judges will expect you to know the same “ins and outs” of how cases proceed and are argued as they expect from attorneys. Finally, some judges have biases against self-represented litigants. If one of these judges is assigned to your case, you may be at a disadvantage from the start through no fault of your own. This is one reason why it might be advantageous to either hire a lawyer or speak with a legal aid organization about free or low-cost representation.How to Represent Yourself in Court Without a Lawyer
If you decide to represent yourself in court, you may benefit from:- Learning about the steps involved in cases like yours
- Taking notes on how to introduce evidence and how to object to unfavorable evidence presented by the other side
- Asking about whether you’ll be required to appear in court more than once
- Filling out all necessary paperwork and making sure it's accurate
- Consulting with an attorney who can give you some valuable guidance, even if you only meet with them for an hour