State courts have increasingly tried to keep up with the growth of self-represented litigants. Concrete numbers are elusive, in part due to varying definitions of “self-represented.”* But studies undertaken by individual states clearly demonstrate the burgeoning self-represented population in probate, domestic violence, family law, and even run-of-the-mill civil cases. Federal courts, too, report that almost 86,000 civil cases were filed by a self-represented plaintiff in Fiscal Year 2016 (most of them prisoner petitions).
This interesting article discusses the efforts of the Minnesota state courts to address the growing numbers of self-represented parties:
It’s not uncommon for pro se litigants to arrive at court with paperwork that’s either the wrong form or filled out incorrectly. These kinds of mistakes can gum up the system, court officials say. Now judges can sometimes send people straight from the courtroom to a self-help center.
“It helps people feel like they’ve been heard,” District Judge Bethany Fountain Lindberg said. “It also eliminates unnecessary hearings.”
While the number of court cases overall in Minnesota has decreased since 2010, the percentage of litigants proceeding without a lawyer remains high. Excluding traffic and parking cases, nearly 80 percent of cases heard in Minnesota district courts last year involved a pro se litigant at some point, state data show.
The reason is often financial, court officials say. The rise of the do-it-yourself web culture may also be behind the trend.
“It used to be that everyone had attorneys,” said Mike Moriarity, 10th Judicial District administrator. “Now there’s a spirit that people want to try doing it themselves.
* The Court Statistics Project, maintained by the National Center for State Courts, tracks self-represented litigation through a common definition, but the numbers are not available for all states.