Helping Texans with a variety of family law cases, including child custody and divorce.

Pro Se Litigation

by | Dec 31, 2023 | Firm News

Introduction: Caller: Hi, I’ve heard you’ve been through a similar situation as mine, and I’m facing a tough time with spousal support, custody issues, and some legal challenges. Can you share some insights?

Ben Beveridge: Absolutely, I’d be happy to. In fact, I was once a non-custodial parent myself, struggling to see my kids only on weekends. I went to law school to change that and gained equal access to my children within a few months of passing the bar. I believe in parents having equal access to their children, and I’ve been active in the legislature advocating for such rights. Helping parents like you is my passion. Now, let’s talk about your concerns regarding spousal support, custody, and the legal aspects of your situation.

https://www.texasatj.org/pro-se-litigants

https://www.txcourts.gov/programs-services/self-help/self-represented-litigants/

https://texaslawhelp.org/guide/a-guide-to-representing-yourself-in-family-court/?toggle=0&toggle=1&toggle=2&toggle=3


Pro Se Litigants and Access to Justice:

Former Chief Justice Wallace Jefferson wisely stated that all litigants should ideally be represented by competent counsel. However, reality often diverges from this ideal, leaving many individuals to navigate the complex legal system on their own. Various life circumstances, such as divorce, child custody disputes, landlord-tenant issues, consumer scams, guardianships, and probate matters, can propel someone into a courtroom. Unfortunately, economic constraints mean that hiring an attorney is beyond reach for many.

In today’s economic climate, a growing number of people are finding themselves unable to afford legal representation. Legal aid organizations, though invaluable, are often underfunded and unable to serve everyone in need. Astonishingly, only about 20% of eligible individuals can access legal aid services. For those who fall through the cracks and cannot afford a private attorney, the only recourse is to represent themselves in court, making them “pro se,” “self-represented,” or “unrepresented” litigants.

Navigating a legal system originally designed for attorneys can be incredibly challenging for pro se litigants. Without the guidance of an attorney, they may struggle to advocate effectively for their rights, fail to follow proper procedures, and encounter obstacles in getting their cases heard or resolved.

Recognizing this gap in access to justice, the legal community has initiated several efforts to assist pro se litigants. One such initiative is Assisted Pro Se, where self-represented litigants receive limited guidance from lawyers to help themselves.

The Assisted Pro Se Subcommittee of the Texas Access to Justice Commission developed a manual titled “Best Practices in Assisted Pro Se Models for the Unrepresented” to help legal service providers establish their assisted pro se programs. By facilitating this approach, we aim to empower individuals to handle their legal matters with the support they need.


Reduced Fee Panels:

For individuals who don’t qualify for legal aid but still can’t afford traditional attorney fees, there’s another option: reduced fee panels. These panels connect people with lawyers willing to handle cases at a reduced fee rate. Clients typically receive a 30-minute consultation for a minimal fee and can choose whether to engage the attorney at the reduced rate or not. In most urban areas, local lawyer referral services assist in finding suitable attorneys. The State Bar of Texas also operates a referral service for areas without a local counterpart.


Videoconferencing Technology:

Technology has opened new avenues for bridging the gap between pro se litigants and legal assistance. Videoconferencing technology enables urban attorneys to provide guidance to self-represented litigants residing in rural areas. This innovative approach not only offers legal support but also enhances courthouse efficiency by ensuring better-prepared litigants when they appear in court. As technology continues to evolve, so do opportunities for expanding access to legal aid across the state.


Self-Representation in Family Law:

While many may find it daunting, representing oneself in family court is a reality for numerous individuals. Pro se parties, those appearing in court without an attorney, face unique challenges and opportunities.

Surprisingly, statistics from the Texas Access to Justice Commission reveal that roughly 22% of all family cases between September 1, 2010, and August 31, 2011, were filed by pro se parties. In some Texas counties, more than half of family law filings involve pro se petitioners. These numbers underscore the importance of addressing the needs of self-represented litigants.


Risks of Self-Representation:

Self-representation can be tempting for various reasons, such as financial constraints or a belief that the case is simple enough to handle alone. However, it comes with its own set of risks. Pro se parties may struggle to grasp the full extent of their parental and marital property rights under the Texas Family Code.

Becoming a lawyer in Texas is a rigorous process, including undergraduate education, law school, and passing the Texas State Bar Exam. Legal education alone doesn’t fully prepare attorneys for courtroom practices and procedures, which come from years of practice and continuing education. Judges often understand the limitations of pro se litigants but may expect them to act as attorneys in court, adding complexity to the process.


A Different Kind of Representation:

For those who cannot retain an attorney throughout their divorce, there’s an alternative. Some law firms offer limited-scope representation, often referred to as do-it-yourself divorce. In this arrangement, individuals hire an attorney for specific aspects of their divorce, like drafting documents, without the attorney appearing in court on their behalf. This approach can be particularly beneficial for uncontested divorces, cases without minor children, or those with minimal property disputes.

Given the rising prevalence of pro se parties, resources and cost-effective legal options have emerged to help unrepresented individuals protect their legal and parental rights.


Cost-Effective Legal Services from Simple Texas Divorce:

Simple Texas Divorce offers itemized legal solutions for those planning to represent themselves in divorce cases. With different flat-fee divorce packages, individuals can access legal assistance tailored to their needs. Attorneys can draft essential documents, provide property division documents, and offer specialized legal documents when required. Clear instructions ensure a smooth filing and finalization process.

By collaborating with an experienced family law attorney, even pro se litigants can secure essential legal guidance to navigate their divorce cases more effectively. This approach helps bridge the gap between self-representation and full legal representation, preserving individuals’ legal rights and ensuring access to justice.


Conclusion:

Pro se litigants are a vital part of our legal landscape, and their access to justice is paramount. While the ideal scenario involves competent legal representation for all, the reality demands innovative solutions to simplify the legal system for those unable to hire attorneys. Through assisted pro se programs, reduced fee panels, technological advancements, and limited-scope representation, we can empower pro se litigants to navigate the legal terrain more effectively. In doing so, we ensure that justice is accessible to all, regardless of their financial circumstances or legal expertise.


Conclusion and Call to Action:

Ben Beveridge: Empowering non-custodial parents like you is at the core of what we do at Beveridge Law Firm, PLLC. We understand the challenges you face and are committed to helping you achieve equal access to your children. If you’re navigating family law issues in Brazoria or Galveston Counties, don’t hesitate to reach out. Call our office at 281-407-0961 or submit your information at https://www.beveridgelawfirm.com/contact/. Your children’s well-being and your rights matter, and we’re here to support you every step of the way.

 

https://www.texasatj.org/pro-se-litigants