The recession has triggered a surge in pro se representation. An article titled "You Too Can Act Like a Lawyer" by Gregory B. Hladky in THE NEW HAVEN ADVOCATE [not online] reports that in 2010, in about 84% of family law cases, one party went pro se. At least until the matter went on appeal. Then that's usually when lawyers are called in for representation.
As most lawyers know, in pro se, the courts, including the judge, usually bend over backwards to assist those representing themselves. There even have been situations in which the judge might involuntarily have taken on the role of the pro se's "lawyer."
That help, of course, encourages more to go this route. After all, the cost of a custody dispute could go into the hundreds of thousands of dollars. Lorraine Bracco, who went on to play Dr. Melfi on "The Sopranos," had previously gone bankrupt fighting for custody of her daughter. Word of mouth among support groups for fathers in the same sort of pickle recommends starting out on a pro se basis.
After the recession, pro se will likely continue to increase. That option is now embedded in our culture. The difference could be that in better economic times the litigants would be willing to pay for a la carte services from lawyers. They would still carry the ball on representing themselves but have certain aspects of the legal process overseen by an attorney. Given how procedure-oriented the law is, an error in that could allow the pro se's adversary to overturn a favorable ruling on appeal.
Hladky notes that in 43 states lawyers already are offering that modification of conventional service delivery. Popular web service LegalZoom recently introduced a new feature: for a small subscription fee those who purchase documents through the site could have access to a lawyer to review how they are filled out and filed. Both lawyers in brick and mortar and legal services on the web are bound to develop hybrids in order to accommodate those unwilling to buy the complete package.
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