Search Site
Menu

Pro Se is Not Always the Right Way

            A pro se litigant is a person appearing before a court on their own behalf, rather than being represented by legal counsel.  As scary and risky as it sounds, you would be surprised how often it happens in practice.  It is a well-settled constitutional right for an individual to have the ability to represent their legal interests on their own behalf without being required to retain legal counsel.  The big question is why someone would take such a risk to represent themselves without engaging a licensed attorney.  In short, it boils down to two answers: (1) people cannot afford legal counsel; and (2) legal forms and do-it-yourself guides are becoming increasingly available on the internet, leading individuals to believe they can handle their case on their own without retaining an attorney.  In my opinion, neither answer outweighs or justifies the enormous risks a pro se litigant faces when engaging in self-representation.  If the expense of an attorney is preventing an individual from hiring competent counsel, there are numerous pro-bono legal aid services available to assist those in financial need.  With the prevalence of information and guidelines available on the internet, individuals are led to believe they are equipped to handle their case.  I have yet to see it work out in a pro-se litigant’s favor.  Most problems arise when the pro se litigant’s one-size-fits-all legal forms do not comply with local rules, state or federal law, or Court-specific rules.  I see this happen all the time.  Despite their best intentions, a judge does not empathize with a pro se litigant who does not understand the legal system.  A judge expects proceedings in their courtroom to be efficient and in compliance with applicable rules of law.  Unlike a licensed attorney, a pro-se litigant has not been trained on the technical, and often times mundane, processes to follow in a court proceeding.  As a result, trials can drag on become quite circus-like when a pro-se litigant becomes confused as to why they cannot introduce a certain piece of evidence or question a witness on the stand.  This is not to say that a pro se litigant is not as smart or educated as a lawyer, often times, the pro se litigant knows the facts of their case better than opposing counsel ever will.  I strongly encourage anyone who is considering filing a lawsuit or been sued, to seek assistance from a licensed attorney, and if you are in financial need, to take advantage of the invaluable resources available.

Kyla Wilder

Phone: 281-637-1222

Fax: 281-210-1361

[email protected]

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2021

    The Strong Firm prevails in dispositive motion regarding Texas economic loss rule resulting in dismissal of claims again party.

    Read More
  • Spring 2019

    The Strong Firm successfully forecloses first priority lien against multi-million dollar commercial asset.

    Read More
  • Spring 2021

    The Strong Firm secures writ of reentry after unlawful lockout of commercial tenant.

    Read More
  • Spring 2021

    The Strong Firm prevails in writ of mandamus proceeding involving denial of temporary restraining order to stop foreclosure sale.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2021 Award
  • Clio Client-Centered Certification

Recent Blog Posts

Happy Independence Day – We Are Open For Business

Happy Independence Day! We Are Most Certainly Open For Business! Independence Day invokes feelings of individual freedom and independence being the basis on which our great country was founded.  Over the course of the last 15 months, few things have been entirely certain.  Markets, along with the availability of workers,
Read More
Happy Independence Day – We Are Open For Business

Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!

Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!   The evolution of the internet and rapid increase in access to information has changed the way we buy and sell homes. While real estate agents still serve a vital role in the process on both sides of the transaction, many buyers
Read More
Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!

COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL

COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL Texas law characterizes property acquired by spouses either community or separate property when property is acquired, and this characterization has tremendous consequences. w defines a spouse’s "separate property" as: (1) property owned or claimed by the spouse before marriage; (2) property acquired during
Read More
COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL

Scams in Times of Disaster and Emergency

Scams in Times of Disaster and Emergency While Texans are generally prepared for major weather-related disasters during hurricane season from June through October, occasionally a rogue weather event, such as an artic blast, sweeps across the state causing severe and unanticipated property damage to residential and commercial properties. As individuals and
Read More
Scams in Times of Disaster and Emergency
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.
Contact us

Quick Contact Form