States Explore Novel Remedies for Unrepresented Civil Litigants - Articles

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States Explore Novel Remedies for Unrepresented Civil Litigants

Posted by: Jarod Word on Apr 21, 2025

Across America, state civil courts handle about 20 million cases annually. Despite steady growth in the number of practicing lawyers, more than three-quarters of cases seen by these courts have at least one unrepresented party. Some legal scholars have likened the civil court system to an "emergency-room model," where issues are addressed by the legal system after becoming a crisis and with courts functioning as a clearinghouse for social problems. Between the big three on civil court dockets — family law, housing and debt cases — studies have shown those with legal representation were up to 13 times more likely to receive a favorable outcome. To address this trend, some states are pursuing novel remedies. Several have instituted "informal" family law trials, where parties can consent to waive the rules of evidence and have the judge ask questions directly. Another state created forms for creditors to show each time a debt was sold and resold and to prove they were collecting within the statute of limitations. University of Tennessee College of Law professor Ben Barton, whose work focuses on pro se litigants, says fixing the problem requires a reimagining of what access to justice looks like. “If we’re taking the time and money to change the system, why set up a self-help center so you can navigate a complicated system with a lot of rigmarole on the front end?” Barton asks. Instead, he concludes, "try and put it together in a way that’s better for normal people.” The New York Times reports on the issue.