In the last 10 to 15 years courts have seen a rising trend in the number of individuals that petition the courts in small matters ‘pro se’, or without an attorney. Some states like California are reporting as much as 80 percent of family law cases are handled ‘pro se’.
People are utilizing this method in order to avoid costly lawyer fees, up to $400 an hour, in a situation they feel they can handle on their own. "It's not just that poor people can't afford lawyers. This is really a middle-class phenomenon," said Sue Talia, a judge from Danville, Calif., and author of "Unbundling Your Divorce: How to Find a Lawyer to Help You Help Yourself."
There are some repercussions from the new trend, court systems are clogged with filings from people unfamiliar with legal procedure. Moreover, some of these pro se litigants are making mistakes with expensive and long-lasting consequences, like with the detailed evidence that needs to be presented in child custody cases. In terms of expungement, problems can arise with omitted or inaccurate information, failure to notify the proper judge or clerk, or most commonly misapplying the eligibility guidelines. All of these can result in denied applications and wasted time and money.
While the upshot of all of this is clear, more Americans are attempting to work through the system without the benefit of an attorney, the consequences can be serious. There are certainly options available for people looking to handle their legal issues themselves, just look at the success of a site like Legal Zoom, it is important that people take the time to do a bit of research before getting started. That time can save you significant costs in the long run.
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