Hot Topic: Economic Downturn Leads to More Pro Se Litigants

By Jenny Westberg Paragram (Oregon Paralegal Association) June 2009 As the economic crisis continues, recent reports suggest that self-representation in civil cases is on the rise. While defendants in criminal cases have a right to an appointed lawyer, civil litigants without resources sometimes must face the prospect of going it alone. And for those who attempt to navigate the complexities of the court system by themselves, even their best efforts can result in mistakes that can put their cases at risk. Common errors include missing deadlines, failing to bring the proper documents or evidence, or simply being unprepared. These kinds of problems can be factors that could tip the scales against a litigant regardless of the merit of the case. Judges are also caught in a dilemma: while they have the obligation to be neutral, they also have an interest in moving things along. In addition, judges can be put in the position of standing by and watching as a litigant makes a critical error. James K. Borbely, a circuit court judge in Vermilion County, Illinois, describes the situation: If you see a person making a terrible mistake, you cant always jump in and save them. You cannot take the role of an advocate. While there is no reliable way to determine exactly how many people are representing themselves, since no national tracking system exists, and each states court system follows its own rules, there are signs that self-representation is increasing. In New Yorks family court system, for example, during the first six weeks of 2009, almost 95 percent of litigants in paternity and support cases were unrepresented compared with 88 percent in all of 2008. And preliminary reports from California indicate that the portion of plaintiffs without a lawyer in nonfamily civil suits rose by 22 percent this year, and defendants representing themselves increased by 36 percent, even while the total number of cases declined by 8 percent. To ensure fair outcomes, courts must do more to help people navigate the system, according to John T. Broderick, the chief justice of New Hampshire: If you and I went to the hospital and they said, Do you have insurance? and we dont, and they said, There are some textbooks over there with some really good illustrations, we would think that was immoral. The demand for this kind of help is increasing, as is the need for more services. Volunteer attorneys, law students, and paralegals are often involved in these efforts, and it is likely, as the economic downturn continues, that the need will continue to grow. The need was overwhelming before [the recession], says Dan Grunfeld, chief policy adviser to Los Angeles, California Mayor Antonio Villaraigosa. Now its over the top.
Sources: In a recession, more defendants act as their own lawyers, by Jonathan D. Glater, The Sunday Oregonian, April 12, 2009; Court Clinic Helps Pro Se Litigants, by Ciaran McEvoy, Daily Journal, ciaranmcevoy@dailyjournal.com; The New York Times on the Web, http://www.nytimes.com.