Many lawyers, on learning that the defendant plans to appear pro se, will formally (by registered mail) admonish him to retain legal counsel because lawyers do not like facing pro se litigants. When a lawyer faces a pro se litigant, he or she is ever mindful of overreaching. For example, no lawyer wants to reach a marital settlement agreement only to have a court object because it is seen as unconscionable.

One commentator notes that pro se litigation creates a "tension between the court’s desire to protect the ignorant pro se litigant and the need to preserve the integrity of the adversarial system in which the court is the passive adjudicator."

When a party appears as a pro se litigant, he or she must understand that the other spouse’s lawyer cannot and will not assist him or her. No lawyer can represent both spouses in a divorce.

That said, pro se lawyer can cut costs. Uncontested divorces make it is easy for a person to appear pro se, but even with this, it is a good idea to review the work of the divorce with a lawyer. It does not make for savings to have an inexpensive divorce and then have to return to court later to renegotiate a liveable child support agreement. A poorly planned divorce that ends in bankruptcy for one or both partners after it is final can more than offset the savings of a pro se divorce.

Complicated divorces require the services of an attorney at law, if not as an advisor, then as an overseer.

Your Suggestion

1. A Fool for Client
   Remember the adage, a lawyer who represents himself has a fool for a client. Well, only a fool tries to play lawyer in complicated cases. In complicated litigation, a party needs the benefit of a dispassionate advisor who prevents a client from making foolish decisions.
   Contributed on 7/31/2007 by: DivorceDex.com Staff

   Category: Pro Se Divorce   (Applicable in All States)

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