Pro se is when an individual handles their own legal case without a lawyer. It may be due to financial reasons or legal skills. In criminal cases, indigent defendants have the right to lawyers, but not always for appeals. Small claims courts may not allow lawyers. Pro se litigants may receive more leeway from judges and can seek advice from lawyers or paralegals.
In law, pro se is a term applied to a situation where an individual handles his or her own legal case, without the assistance of a lawyer. Individuals may choose to go it alone for a variety of reasons. For some, the choice may be financial. Many attorneys charge by the hour and some individuals are unable to afford their high fees. By proceeding on their own, they can have their cases examined without having to wrestle with attorney fees.
In some cases, individuals may be able to obtain the services of an attorney even if they cannot afford it. This is typically the case when criminal charges are involved. When serious crimes are prosecuted, indigent defendants in such cases have the right to have lawyers appointed. However, defendants in such situations may have to go through legal channels for appeals and some post-conviction proceedings, as representation is often provided only for initial trials.
In civil cases, attorneys are not appointed for those who cannot afford them. The civil parties do not have the automatic right to proceed pro se. However, most courts allow litigants to represent themselves. Corporations and other organized entities may be treated differently. Some courts will not allow such entities to proceed without legal representation.
Some individuals choose to proceed to court on their own because they have the necessary legal skills to do so. For example, a lawyer or an advanced law student may decide to represent themselves in court. However, for very complicated cases, it can be advantageous to hire another lawyer, even for those with legal skills.
Interestingly, many small claims courts operate on an entirely different premise than most other courts. In many jurisdictions, small claims court litigants are not permitted to be represented by an attorney. In other jurisdictions, where attorneys are allowed in small claims court, court proceedings may be less difficult to navigate and more suitable for those who want to proceed on their own.
For those without significant legal training, court proceedings can be full of pitfalls. They may miss opportunities or make mistakes simply because they lack experience and knowledge of all that is required. On the other hand, some judges may give pro se litigants more leeway during legal proceedings, allowing them to compensate for their lack of experience.
It is also possible to represent yourself in court with the advice of a lawyer, without the lawyer appearing in court on his own behalf. In such a case, a pro se litigant may accept legal advice and help from an attorney, but present documents and appear before the pro se judge. A paralegal can also be helpful in preparing court documents and providing information on general court procedures.
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