Pro Se Litigation: Is This Phenomenon Helping Or Hurting Our Legal System?

Abstract

As we have seen over the last two decades, the number of lawsuits in America is rising significantly.  We have become an increasingly litigious society.   In the past, it was extremely uncommon for someone to go to court without a lawyer.  However today, for a variety of reasons, this is becoming commonplace.  This trend brings with it some unique challenges to the legal field.  While representing oneself may ensure that you “get your day in court” the problems associated with this choice might outweigh any benefit.  This paper examines this serious and ever expanding phenomenon in the legal field.  Correctly framing the issue and its possible repercussions can only help in finding the proper way to ensure that all litigants are treated fairly in our justice system.  This paper helps lay out the issues and examines some possible solutions.