WHITE PAPER STUDIES WAYS TO INCREASE
LAWYER ASSISTANCE FOR SELF-REPRESENTED LITIGANTS

CHICAGO, April 21, 2005 – How can policy-makers assist people who cannot afford full-service legal representation and instead represent themselves in court? How can policy-makers encourage private lawyers to help more people who need legal assistance? How can states help pro se litigants resolve their cases more efficiently? A new white paper issued by the American Bar Association Committee on the Delivery of Legal Services examines these issues and others.

The white paper has not been approved by the ABA’s policy-making House of Delegates and does not represent official policy of the association unless otherwise stated in the white paper.

"An Analysis of Rules That Enable Lawyers to Serve Pro Se Litigants," examines various states’ amendments to rules of professional conduct and procedure as well as other rules and laws that enable lawyers to provide a limited scope of representation, or "unbundled" legal services, to clients who otherwise would proceed on a pro se basis. The purpose of the report is to provide policy-makers with useful information if they are considering similar rules in their states.

"As more and more Americans choose to represent themselves in court, it is important that we in the legal profession examine their needs, along with those of the court system, to make sure that we dispense justice fairly, impartially and efficiently," said Judge Lora J. Livingston, chair of the committee. "This paper shows that some states have been leading the way in increasing pro se litigants’ access to limited scope legal services. Their experience is instructive as we all take a closer look at this issue."

While pro se litigants may not be able to afford a full spectrum of legal services, the white paper states, many would benefit from the assistance of a lawyer for certain aspects of their case. Although many courts have developed resources to assist people representing themselves, certain services – particularly those requiring legal strategies – are best provided by a lawyer. By examining rule changes in various states, the white paper suggests ways that other states can make limited-scope legal assistance available to pro se litigants and encourage more lawyers to help people in need of legal assistance. Guidance from lawyers about legal process also would enable pro se litigants resolve their matters more efficiently.

The white paper identifies five topical areas that states have addressed through rule changes: defining the scope of representation, clarifying communications between counsel and parties, creating parameters for lawyers’ role in document preparation, governing the entry of appearances and withdrawals for limited representation, and checking conflicts for limited service programs. The paper is available at www.abanet.org/legalservices/delivery.

The American Bar Association Standing Committee on the Delivery of Legal Services seeks to maximize access to legal services and justice for moderate-income people. The committee researches and identifies unmet legal needs of moderate-income people, increases awareness of these needs within the legal profession, and identifies and advances innovative and effective ways to deliver legal services to them.

With more than 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law in a democratic society.

Editor’s Note: To request a hard copy of the report, contact Karl Camillucci at 312/988-6148 or camilluk@staff.abanet.org.

Archived Releases | Media Relations Home | ABA Network Home