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.
