Self-Representation
Law, Ethics, And Policy
Abstract
Self-representation has a long, venerable history dating to biblical times and continuing through the common law, the colonial era, to the present. This book collects and analyzes the law, ethics opinions, and empirical studies about the wide range of issues surrounding Self-represented litigants (SRLs) in our justice system, including how much, if any, assistance should a judge provide, what duties do lawyers interacting with SRLs, and many others. Using recent empirical studies from both Civil litigation and criminal defense, Jona Goldschmidt argues that SRLs’ cases cannot be fairly heard without a mandatory judicial duty of reasonable assistance. In order to maintain public trust and confidence in our justice system, self-represented parties must be guided and assisted. Courts and the legal profession should continue to adapt and meet the challenge of managing and interacting with those who choose or are compelled to self-represent. Only when self-represented litigants are embraced by the courts, they will finally receive “equal justice under law.” This book would be of interest to those studying criminal justice and legal studies, specifically legal history and legal ethics, as well as judges, lawyers and other professionals in the field.
Schlagworte
pro se pro se defendant pro se litigation self-representation waiver of counsel- i–x Preface i–x
- 1–4 Introduction 1–4
- 107–146 Chapter 5: Legal Ethics 107–146
- 347–350 Conclusion 347–350
- 351–352 Acknowledgments 351–352
- 353–358 Appendix I 353–358
- 359–376 Appendix II 359–376
- 377–382 Appendix III 377–382
- 383–388 Appendix IV 383–388
- 389–392 Appendix V 389–392
- 393–430 Bibliography 393–430
- 431–432 Credits 431–432
- 433–446 Index 433–446
- 447–448 About the Author 447–448