Formally referred to as pro se representation from the Latin phrase “for one’s self,” I contend that most lawyers and judges view the term pro se as a proverbial four letter cuss word that should rarely if ever be uttered in court. While many of my most entertaining “war stories” involve pro se litigants, I would gladly trade them all in to have back the time and energy spent dealing with a pro se litigant on the other side—especially in criminal court. That’s because most pro se litigants lose, and they lose badly.
While a court will conduct what is known as a Faretta inquiry, which outlines whether a person is legally capable of self representation, the inquiry is essentially whether a person can read, write, and is not absolutely crazy. A judge is not permitted to treat a pro se litigant any differently than an attorney with 30 years of experience, and the self-proclaimed counselor may not ask the Court for legal help. So, the old maxim usually rings true; pro se litigants lose, those experienced in the court system look at them as fools, and they often are treated as such.