Legal Definitions - Pro se

Pro se describes the act of an individual representing themselves in a legal proceeding without the assistance of a lawyer. It literally means "for oneself" or "on one's own behalf." While individuals generally have the right to legal counsel, particularly in criminal cases, they can also choose to navigate the legal system independently. This choice, however, comes with significant responsibilities and potential challenges, as legal procedures and arguments can be complex and require a thorough understanding of the law.

Here are some examples of when someone might proceed pro se:

• Example 1: Small Claims Court

  A college student believes their landlord unfairly withheld a portion of their security deposit after they moved out. Rather than hiring an attorney, the student decides to file a lawsuit in small claims court and present their case, including evidence and arguments, directly to the judge.

  Explanation: The student is acting pro se because they are handling their own legal dispute and representing themselves in court without a lawyer.

• Example 2: Criminal Defense

  A person accused of a minor traffic violation, after being fully informed by the judge about the potential risks and complexities of self-representation, decides they want to argue their own defense in court. They decline the option of a public defender and choose to present their case personally.

  Explanation: This individual is proceeding pro se by exercising their right to represent themselves in a criminal trial, having made a knowing and voluntary choice to do so.

• Example 3: Uncontested Divorce

  During an uncontested divorce, a couple has already agreed on all terms, including the division of assets and parenting arrangements. To minimize legal fees, one spouse takes responsibility for preparing and filing all the necessary court documents and appears before the judge to finalize the divorce decree without hiring an attorney.

  Explanation: The spouse managing the court process for their divorce is acting pro se by handling their own legal case and presenting it to the court without legal representation.