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Pro Se or Representing Yourself |
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The State of Florida permits ordinary citizens to represent themselves in
most legal proceedings. In other words, there is no requirement to hire an
attorney except in special cases, e.g., in a probate case in which more than one interested party is involved, one of them can not act pro se, but must be represented by an attorney (Rule 5.030 Probate and Guardianship Rules. In any case, serious consideration should be given to the decision to
proceed pro se. |
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One consideration is whether the legal matter in question is one that requires a Court appearance. Many matters, such as the purchase of real estate, drafting of a will, entering into a business deal or formation of a corporation do not require attendance in Court. These types of activities typically involve agents assisting the transaction or utilize simple forms
available in libraries, banks or on the internet. Such transactions may lend themselves to pro se representation because they are somewhat routine in nature. However, other legal matters do require Court appearances and can involve circumstances that may result in such things as the loss of money, property or liberty, things of much greater value than the cost of consulting
an attorney. If there is any doubt on the subject, it is advisable to contact and consult with an attorney. |
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If you do decide to proceed pro se, keep in mind that under the Constitution of the State of Florida, the Florida Supreme Court has adopted rules and procedures for the operation of our courts. Those rules are binding on both
the courts and those who litigate before them. If you are representing yourself, the Court will require you to follow the same rules and procedures that an attorney is required to follow. |
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In the State of Florida, you have the right to act as your own attorney. If you exercise that right, you must meet the requirements and responsibilities that go along with it. |
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Due to the changing nature of the law, of the rules of court and the unique circumstances of each case, this Web site contains only general information relating to pro se representation. It does not give advice on specific
problems and should not be considered a substitute for the legal advice of an attorney or your own legal research. If you have any questions about the provided information, your legal rights, the law or how to proceed with your
case, you are strongly urged to talk to an attorney. |
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