A recent article in the ABA Journal discusses the growing number of pro se litigants that represent themselves in Court and how a lawyer’s help in drafting pleadings for them actually helps the legal system
Florida Civil Litigation
Pro Se Help to Represent Yourself in Court
The American Bar Association reported in its September issue of the ABA Journal that 62 percent of judges from a recent national study felt that the outcomes for those persons that represent themselves in court was worse than those that had a lawyer. Overwhelmingly, 90 percent of the judges also stated that the increase in persons representing themselves in court actually had a negative effect on the courts.
Other alternatives than going alone are out there. Some lawyers in fact provide limited help to those that cannot afford their services for the entire case. These lawyers may provide limited advice or prepare some documents that are filed with the court but the lawyer never officially appears in the case. This arrangement allows a person to represent themselves in court but also to have some confidence that they are prepared to do so and have their case properly organized. One ABA report commented that “[w]ith the input of lawyers, self-represented litigants can benefit from getting legal advice specific to their factual cases.” In fact, a separate study goes further by stating that “[i]nput from lawyers benefits the courts as well” and “[t]he better he litigant is prepared, the more efficiently the court operates.” In the end, one need only ask, is it better for society and the courts to have those that represent themselves better prepared or unprepared?
Lawyers should be prepared to assist all those that have legal issues and not merely those that have the bigger banking accounts. One simple solution to providing such services is to give effective and efficient legal help that is limited to what the client can afford. There is nothing wrong with providing legal assistance and not making a formal appearance in the case. As a disclaimer, the lawyer must naturally have the pro se litigant sign a retainer that makes it very clear that the lawyer is not making a general appearance in the case and is only providing certain specific and limited tasks. Simply reviewing a legal matter in advance to ensure that a legal cause exists and the paperwork is properly processed and organized can save significant time and resources for the entire court system which is a major benefit during these tough economic times. For the pro se litigant, they get their day in court and have the opportunity to have their case heard and decided on its merits. Should additional questions and help be needed to prepare for a hearing or trial, the pro se litigant would have the ability to contact the lawyer again for help on a limited basis. The lawyers have the opportunity to help the disadvantaged and/or generate additional income they otherwise never would have. All around this is a win-win situation for everyone.
As an advocate for thinking outside of the box, Patrick Russell, Esq., a Miami Lawyer from Russell Law is naturally available to provide limited consultations, reviews and documentation preparation services for those persons that want to represent themselves in court. Feel free to contact Russell Law to discuss your legal needs to see if we can tailor a plan for you that fits your budget and needs.
