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Give the Family Courts Back to the Families

The family courts are full of self-represented individuals. The legal establishment considers this as a problem. Or is it a trend leading to growth?

It is well known these days, especially since the big research study out of Arizona in the 90s, that pro se litigation is becoming more pronounced. Pro se litigation, oh, let’s just use common language, is self-representation. It is the most pronounced in family courts and understandably so. With all the studying going on to determine the whys and wherefores, you would think that someone would realize that there isn’t a problem; it is a trend that will lead to change.

Families just cannot afford to pay outrageous attorney’s fees for family law issues that are becoming more prevalent. I would much rather represent myself than pay someone to do it for me. With all the recent information available to the average person via the internet and newly published books, is it any wonder that we would wish to represent ourselves with our newfound knowledge of the laws of the land. Why is there a need to hire someone to represent you in matters of such a personal nature as family law?

So, we don’t know the proper legalese! So, we don’t know all the proper court procedures! What are they for anyway? Is it to adhere to the historical ways of law? The citizens of each state should be demanding the right to enter a courtroom and represent themselves without being made to feel like it is an outrage. Why doesn’t family court consist of rules and regulations that are available to the average person? Make these readily available and simplified; make the language simplified into common, everyday English. This would solve many so-called problems with pro se litigation.

A non-attorney wouldn’t, unless absolutely necessary, want to represent themselves with anything as serious as criminal law, but family law gives the American public a chance to handle their personal affairs if they so wish. It is the perfect opportunity to allow family members to speak and act for themselves in a legal situation. In some cases, involved circumstances would require the expertise of an attorney.

The legal profession has gone way too far in exempting citizens from their ability to represent themselves. Certain television programs of a reality law nature have given people back the confidence they need to pursue simple legal issues. Some may go overboard, but most just simply want to save themselves money.

If the welfare of the common citizen were really the motivation of the legal profession, there would be no question of reevaluating and revamping court procedures and language to suit pro se litigants in family courts.

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  1. JenysieJane

    On July 25, 2008 at 6:50 pm


    Very well said!!!

  2. Suzanne

    On April 29, 2010 at 8:29 am


    Absolutely. These ambulance chasers often charge 250-400 per hour only to drag cases out sometimes for years. An ambulance chaser will then proceed to basically not let you talk, they will ask a bunch of yes/no questions without letting you explain anything. It is about money. You the client know what did and didn’t happen and are far better off representing yourself and it can be done cheaply. I had to file bankruptcy several years ago because I paid over 25,000 and after a year and a half they wanted to settle out of court! The other time I had an legal matter, I represented myself and it over in four months and cost me very little.

    If it is a criminal matter, they have to appoint you an attorney if you can’t afford one, so the writer of this article is right. In family law, represent yourself.

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