"Self Represented Litigants and Court and Legal Services Responses to Their Needs: What We Know"

John M. Greacen - 020045

Abstract Number: 020045

August 2002

John Greacen, currently Co-Chair of the Court Filing Work Group of LegalXML and principal at Greacen Associates, LLC, wrote this article to gauge our current knowledge of Pro Se through assembling a number of Pro Se studies to evaluate how self-represented litigants have impacted courts and legal services. After discussing and reviewing a number of studies relating to Pro Se programs, Greacen asks a number of important questions relating to the effectiveness of court and legal services programs created to assist self-represented litigants. Greacen's questions address the following topics:

• Ease of Access to Pro Se Services - How did clients learn of the Pro Se service and how easily were they able to access it?
• Use of the Services - Did clients actually take advantage of the Pro Se service?
• Client Satisfaction - How satisfied were the clients with the Pro Se service?
• Client Expectations - Did the client understand the information and advice provided?
• Court or Agency Satisfaction - How satisfied were judges, court staff, and other groups whose work was influenced by the Pro Se service?
• Client Actions - Did the client follow through with the advice given by the Pro Se service?
• Client Outcomes - Did the client perceive the change resulting from the Pro Se service as a positive one?
• Client Outcomes - Was the change in the client's situation sufficient to achieve the client's goals or goals in the matter?
• Client Outcomes - Was the outcome for the client "just" from the standpoint of knowledgeable legal observers?
• Client Outcomes - What was the impact of the outcome on the client's life?
• Other Outcomes - What was the impact of the Pro Se service or outcome on other agencies or entities?

Greacen responds to each of these topics citing empirical data thereby providing the reader with a grounded understanding of the successes and failures of self-represented litigants. Greacen concludes that some of the prominent myths surrounding Pro Se litigants, principally the image of the "disruptive self-represented litigant," are in many cases false. Greacen points out that, according to a study conducted in California, self-represented litigants actually take less court time in a number of practice areas such as family law cases as well as in small civil and criminal cases. Also, based on limited available data, Greacen concludes that cases involving a self-represented litigant are far less likely to go to trial, to have a hearing, or to involve a continuance. And they take less than half as long to get through the court process as cases with lawyers on both sides. To access the article as a PDF document, click on the text below.

Contact Information:

John Greacen
Greacen Associates, LLC
18 Fairly Road
Santa Fe, New Mexico 87507
Phone: (505) 471-0203
Email

Additional Information:

• John Greacen, Self Represented Litigants and Court and Legal Services Responses to Their Needs: What We Know, July 20, 2002 (2.09mb, PDF).

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