Pro Se Litigation Needs To Be Outlawed

3101 words - 12 pages

Self-litigants have been violating their United States constitutional rights, since the existence of the US court system. Pro se needs to be outlawed in the United States of America because of legal, social, economic, and moral reasons displayed by the cases of Iowa v. Tovar, Kearns v. Ford Motor Company, and Indiana v. Edwards. United States citizens should be aware of the legal and social aspects of pro se because it will bring to light this constitutional flaw, economic problem, and moral and social strain that affects all of these citizens. Concrete reasons why pro se needs to be made unlawful have been clearly displayed from university studies and attorneys’ expertise. Some of the universities that have supporting points to this statement are from Richmond University, Georgia Law University, and Cornell University.
Before one can discuss pro se, one must understand its meaning. Pro se in Latin means “on one’s own behalf.” Therefore, people who represent themselves in court, self-litigants, are preceding pro se (Legal Information Institute of Cornell University). “In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively are permitted to manage and conduct causes therein” (28 USC § 1654). This statement explains that pro se is legal. In order to precede pro se, one must intelligently volunteer to self-litigate (Faretta v. California). However, even if someone does manage to precede pro se, he or she does not know enough about his or her basic rights (Moskovitz) or how to use case law to support his or her legal claims (Snukals and Sturtevant Jr.). To become a licensed lawyer you must complete a four year bachelor’s degree, three years of law school, and pass a written bar examination (Bureau of Labor Statistics, U.S. Department of Labor). With self-litigants not knowing their rights or how to use case law it could “reduce the trial to farce” (Moskovitz), or worse self-incriminate the litigant, which then violates the Fifth Amendment to the Constitution.
Even if there are good reasons to represent one’s self in court, the final risk and consequence that occurs outweighs the benefits. Most litigants proceed in representing pro se because of not wanting to pay a large sum in legal fees. Eventually, having more pro se litigants ends up raising the overall cost of legal fees for non self-litigants. In theory, a represented litigant will have to pay for the excess hours he or she will have to spend in court because of an opposing inexperienced pro se litigant (Stienstra, Batallion and Catone). In addition, attorneys would theoretically raise their fees to keep their salary the same because of the decrease in represented litigants (Snukals and Sturtevant Jr.). This, in turn, can cause more litigants to precede pro se. Overall, the increase of self-litigants has created a domino effect in the legal systems fees.
“Litigation is...

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