Serving Pro Se Litigants in Family Courts

 

                         This guest post is from Olivia Brock, Regent Law 3L:

Parents are expected to wear many hats. Parents are private chefs for their picky eaters, teachers for subjects their kids need help in, and even doctors for those tiny scrapes and bruises. Although parents are expected to play many roles, the role of a family law attorney is an unrealistic expectation. This is because family law is a complicated practice strictly governed by procedural and evidentiary rules. In spite of this unrealistic expectation, more and more parents are becoming their own attorney in their family law matters. To illustrate, a 2017 study in the District of Columbia found that at least eighty-three percent of plaintiffs and ninety-three percent of respondents in family cases were pro se. For respondents in paternity and child support cases, this increased to ninety-seven percent.

For a low-income pro se litigant, getting through the doors of the court is already a challenge. Even if a pro se litigant is able to get to court, that pro se litigant still must face the insurmountable challenge of abiding by the same procedural and evidentiary rules as an attorney. Unfortunately, most pro se litigants lose on avoidable technicalities, not on the merits of their case.

To protect pro se litigants, some associations are increasing suggested pro bono hours. For example, the District of Columbia Circuit Judicial Conference voted to increase its recommended pro bono service to fifty hours or a financial contribution of four hundred dollars which matches the Model Rules of Processional Conduct’s suggested volunteer commitment. The Bible tells us in 1 Peter 4:10 to “use whatever gift you have received to serve others, as faithful stewards of God’s grace.” God calls us to live productive lives and to serve urgent needs. For those reasons, attorneys are called to serve pro bono hours, not just because associations recommend to, but because God calls us to. Right now, there is an urgent need for pro se litigants in family courts and we must answer that call as faithful stewards.