Court-Sponsored Education Provides Support to Pro Se Litigants

Whether you are involved in a civil lawsuit or going through a divorce, the cost of legal expenses can be significant. When the case involves one in which you are the defendant, often the legal fees are required to be paid as a retainer and in advance of your litigation. When the cost of litigation is quite high, many individuals will choose to represent themselves in what is called "pro se" litigation.

Unfortunately, in many courtrooms, judges prefer to avoid an arrangement that involves pro se litigation. Out of concern that the defendant, or plaintiff, in a civil action will not obtain the best possible outcome, pro se is often discouraged. In some jurisdictions, there is a movement to provide education to those defendants who insist on pro se, with many courts offering court-sponsored education in the legal process.

Court-sponsored education programs, while well intended, many still not provide the best possible outcome for the individual who is choosing this type of representation. In fact, because the majority of individuals who pursue this type of representation are considered of poorer financial class, their legal needs are simply not met in 80 percent of the litigated cases.

Often referred to as "unbundled legal services", states such as New Mexico and California, are providing these free legal counsel clinics on the premises of the courthouse. The unbundled legal plans are designed to provide service to those who are uneducated, poor and even to the pro se litigants who are considered disadvantaged. One of the primary concerns, however, is the involvement of attorneys who volunteer to offer the guidance, often creating issues of conflict of interest.

To prevent any attorney who is engaging in the unbundled legal service program from being sued or alleged for violation, the state of jurisdiction should provide some protection to those attorneys.