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28th May 2014

Q: I am a layperson, representing myself in pro per in a civil case. Two times in court so far and my impression is that the judge has no patience for me, and the other lawyer treats me like a second-class citizen. Is there a bias against an ordinary person representing himself?

— K.S., Long Beach

A: First, a maxim you have probably heard before: “He who represents himself has a fool for a client.” This is true for a lawyer as well, not just a layperson. Is it always true? No, but over the years I have watched people handling a matter in court for themselves, and it can be exasperating. There seems to be less objectivity. Also, the credibility of the person is involved, yet that person is his or her own advocate. Bottom line: I do not recommend representing yourself.

As to bias against in pro per litigants, I have found judges often show real patience to a layperson trying to handle a legal matter on his or her own. Perhaps there are errors you are making, unwittingly, or disputes that are arising that a lawyer might otherwise avoid — I can’t say, without further details. The courts typically are overbooked today, so there is only so much time for anyone and everyone.

The legal system does involve genuine niceties, unique rules, formats, deadlines and certain standard procedures. If you are not familiar with them, it is like going to a foreign country and trying to communicate with people. In sum, I do not envy a layperson trying to tackle litigation on his or her own. It is hard enough for someone like me who has practiced many years. If you will not have a lawyer represent you, can you at least consult with a qualified attorney to lend you some guidance?

Q: Court costs are pretty high. Is there any way to avoid them?

— A.D., El Segundo

A: If you qualify to proceed in forma pauperis (that is the Latin term), court fees can be waived. You can find the basic form at www.courts.ca.gov/forms.htm/. Look for Form FW-001. You also might be able to obtain it from the clerk at the civil filing window at the courthouse.

Q:  What about low-cost legal services? Any suggestions?

— B.R., Playa del Rey

A: The courts’ self-help website has information in this regard. Go online to www.courts.ca.gov/selfhelp, and click on the Free and Low-Cost Legal Help topic under “Getting Started.”

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.

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