A defendant pro se represents themselves in court without a lawyer, but may have an extrajudicial lawyer as a coach. They must demonstrate mental and physical competence, and may face sanctions if they do not follow court rules. In civil cases, they may hire a lawyer or be provided with a public defender. Mediation and arbitration are alternative methods of conflict resolution.
A defendant pro se is one who represents himself in a criminal or civil case. The individual files all legal documents and proceeds without the help of a lawyer in court. This does not mean that the defendant cannot count on the assistance of an extrajudicial lawyer who can act as a coach during the proceedings. Legal systems often allow defendants to represent themselves if they can demonstrate that they are mentally competent and physically capable of doing so. A judge may deny a defendant the opportunity to proceed pro if he determines that the defendant cannot.
In a civil case, a defendant has only two options: proceed on their own or hire a lawyer. There is a third option in some legal systems. The court system may provide a public defender, a taxpayer-paid attorney to represent low-income individuals who cannot afford to hire an attorney. A judge may also appoint a public defender in cases where the defendant is unable to represent himself and refuses to hire his own lawyer. Some defendants still often choose to represent themselves in criminal proceedings, knowing the risks of imprisonment and other penalties, and in most cases they have the legislative right to do so.
A pro se defendant in a civil case is often held on a par with lawyers when it comes to court decorum and sanctioning rules. For example, if the defendant fails to submit prosecution forms in a manner consistent with court requirements and in compliance with applicable laws, the judge may fine the defendant. A defendant pro se is not exempt from sanctions only because he represents himself. If a defendant wins a case, the plaintiff or attorney may be required to pay him court costs and attorney fees. He or she often cannot collect reasonable attorney fees.
There are alternatives to going to court that a pro se defendant may take advantage of or may be required to prosecute. Mediation is a method of conflict resolution in which a third, impartial party facilitates a resolution between the plaintiff and the defendant. A judge may order a case to go to mediation before proceeding to a trial. Contract clauses may also require a pro se defendant to enter arbitration before or instead of filing a lawsuit. In arbitration, the rules are often more relaxed than court rules, and the defendant must present his or her case before a panel of retired lawyers or judges.
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