If you have limited resources or maybe some knowledge of the legal system — but without a law degree — you might be tempted to represent yourself in court. This is known as “Pro Se Litigation”.

But how successful are those who represent themselves? There isn’t great data available on this, but the bottom line: representing yourself is a bad idea.

Here, we take an in-depth look at self-representation in court, including the chances of success along with the pros and cons.

What Is Pro Se Litigation?

People who represent themselves in court are known as pro se, self-represented or unrepresented litigants.

A pro se litigant acts as their own attorney in court proceedings. Self-representation can happen in civil or criminal cases. However, self-representation might occur more often in a civil case, since criminal law may be harder for a non-attorney to understand.

Just like a licensed attorney, a person representing themselves in court must know and follow various laws and court rules. In Texas, for instance, this includes rules of evidence in criminal cases and rules of civil procedures in civil cases.

Generally, pro se litigants aren’t as successful as litigants who are represented by attorneys. While national statistics for criminal cases aren’t available, here are some data points we can learn from:

• A study by the U.S. Justice Department found that pro se litigants in immigration appeals cases secured favorable decisions 10% of the time vs. 40% for those who were represented by pro bono attorneys.
• A study published by Temple University’s Political & Civil Rights Law Review showed that people seeking protective orders got them 83% of the time when they were represented by an attorney compared with 32% for those who represented themselves.

So, using these findings as a barometer, we can assume that your success rate might be roughly 10% to 30% if you represent yourself in court. In other words, your odds of success should improve if you hire an attorney rather than going it alone in court.

Why Do People Represent Themselves in Court?

People might represent themselves in court for several reasons. They include:

• A lack of money to hire an attorney. In Texas, lawyers charge an average of $300 an hour, with civil attorneys sometimes charging more than the average and criminal defense attorneys charging less.
• A lack of access to free legal aid services. Only about 20% of people eligible for legal aid services are able to get the assistance they need, according to the Texas Access to Justice Commission.
• A desire to demonstrate knowledge of the legal system. For instance, they might have taken some law classes but didn’t graduate from law school.

Eligibility for Self-Representation in Texas

In federal courts and Texas state courts, people and businesses usually can represent themselves in civil cases. But there are some exceptions.

Federal courts, for example, impose these limits on self-representation:

• Corporations and partnerships must be represented by an attorney.
• A pro se litigant can’t represent a class in a class-action case.
• A non-attorney parent cannot represent a child, except to appeal the denial of the child’s Social Security benefits.

In a civil case in a Texas state court — such as a divorce case — a person generally can represent himself or herself, or be represented by an attorney. Meanwhile, a corporation or other entity generally can be represented by:

• A non-attorney employee, owner, officer or partner of the entity.
• An attorney.

In some situations, a Texas state court might let a pro se litigant receive assistance from a relative or another person who isn’t being compensated. Also, a self-represented litigant might be eligible for limited assistance from a lawyer.

When it comes to criminal cases in Texas, a defendant may be able to represent themselves in a misdemeanor case. But a defendant in a criminal case can do so “in very limited circumstances,” according to the 394th District Court of Texas. In enforcing that rule, state courts in Texas want defendants to receive professional representation due to the serious legal consequences of a felony conviction.

“It is often said that a person who represents himself has a fool for a client,” the 394th District Court notes.

Representation by Counsel vs. Pro Se: A Comparison

Representation by a licensed attorney differs greatly from self-representation. After all, it typically takes someone four years of undergraduate studies and three years of legal studies, along with post-graduation bar exams, to become an attorney.

While self-representation might save a litigant some money in the form of legal fees, the litigant likely will miss out on several benefits of hiring an attorney. These include:

• Professional navigation of the legal process.
• Deep knowledge of laws and court rules.
• Advice based on legal education, training and experience.
• No-hassle filing of required court documents.
• No worries about meeting court deadlines.
• No need to conduct legal research or gather evidence.
• Preparation of a well-thought-out legal defense.
• No requirement to speak at length in court.
• Experience settling cases before they wind up being decided by a judge or jury.

In addition, while it may appear easy to represent yourself in a civil case, these legal matters can get sticky. For example, a litigant might find it simpler to represent themselves in a straightforward debt collection case or contract dispute than a messy divorce case or child custody case.

Some pro se litigants in civil cases (not to mention criminal cases) might become nervous or confused, putting the fate of their cases in jeopardy. This could be particularly troubling if a licensed attorney is representing the person or organization on the other side of your case.

“Self-representation is quite complex,” the civil court system in Dallas County warns. “One missed deadline or slight error in your pleadings can weaken or destroy your case or even result in money penalties being imposed against you.”

Limitations of Non-Lawyer Representation

With very limited exceptions, only lawyers can practice law in Texas. In other words, a non-lawyer may be able to represent themselves in court proceedings but likely can’t represent someone else.

Key exceptions to non-lawyer representation in Texas include:

• Representation of a tenant involved in an eviction case.
• Representation by a property manager or another authorized agent of a company involved in an eviction case.
• Representation of a corporation by a non-attorney employee, owner, officer, or partner.

A non-attorney who illegally practices law in Texas can face criminal charges. An alleged first-time offender can be charged with a Class A misdemeanor, punishable by up to one year in jail, up to a $4,000 fine or both. An alleged repeat offender can be charged with a third-degree felony, punishable by two to 10 years in prison and a fine as high as $10,000.

Pitfalls of Self-Representation: Why Pro Se May Not Be Ideal

Self-representation in court comes with many challenges and potential drawbacks. These include:

• Lack of legal expertise. “Pro se litigants are treated just like attorneys — and expected to know just as much when it comes to legislation and civil rules of court. Failure to do so could result in sanctions or worse,” the Harris County court system warns.
• Risk of errors. One slip-up could lead to a scolding from a judge or an unfavorable court decision, for instance.
• Stress. Especially if you’re new to representing yourself in court, you could feel a tremendous amount of stress about ensuring that everything is done correctly. And if you’re unsure how to proceed, judges, clerks, and other court workers aren’t allowed to offer advice.
• Resistance. Judges and attorneys often hold an unfavorable view of pro se litigants. Judges prefer dealing with trained lawyers who know the law, and some attorneys may feel a judge is spending a lot of time coaching a pro se litigant.

“Without the advice and assistance of an attorney, self-represented litigants may not be able to effectively advocate for their rights. They may also fail to follow the proper rules and procedure to get their case heard or resolved in court,” says the Texas Access to Justice Commission.

Alternatives to Self-Representation: Seeking Pro Bono or Affordable Legal Assistance

Several alternatives can help you avoid the headaches of self-representation. Among them are:

• Pro bono attorneys. Some attorneys might be willing to offer their services on a pro bono basis, meaning their services are free.
• Legal aid services. Nonprofit groups around the state provide free legal help. To find a legal aid service in your area, visit TexasLegalHelp.org.
• “Limited scope” representation. Rather than a full menu of legal services, you may be able to purchase a limited scope of legal services when you’re representing yourself. For instance, an attorney working with you under a limited-scope arrangement might supply legal advice, draft legal paperwork or go over the legal process but not represent you in court. 
• Payment plan. Some attorneys may be open to setting up a payment plan so you can pay off your legal bills over time rather than all at once.
• Contingency fee. A law firm may agree to work with you on a contingency basis, which is a common setup in personal injury cases. Under this model, you pay for the firm’s services only if your case ends with a favorable settlement or verdict.
• Out-of-court arbitration or mediation. You may be able to settle a case through arbitration or mediation, which can avoid the need for potentially expensive litigation.

If you can afford to pay for an attorney’s full suite of services, this might be your best bet, particularly since litigants enjoy more success with help from an attorney than without. Relying on a lawyer to guide your case from beginning to end may lead to the best outcome for you — avoiding the added pressure of representing yourself and preventing you from making a costly legal mistake.

When you’re looking for an attorney, be sure to check whether they specialize in the area of law that you need help with.

The Value of Professional Legal Defense

Whether you’re dealing with a civil or criminal case, leaving the legal work to a lawyer rather than serving as your own lawyer can pay off. It might just preserve your well-being, your freedom and your future.

Unfortunately, you face tremendous hurdles if you take legal matters into your own hands. And if you stumble as a pro se litigant, you could be hit with financial setbacks (like a fine) or even more legal problems (like a jail sentence).

“You have the right to represent yourself in court,” the Dallas County court system points out. “However, you should recognize that you place yourself at a disadvantage by choosing to represent yourself in court without a lawyer.”

FAQs About Self-Representation in Texas Courts

What Factors Influence the Success Rate of Representing Yourself in Court?

While self-representation has succeeded in several high-profile legal cases, the odds aren’t in your favor as a pro se litigant. Still, if you do proceed with pro se representation, you stand a better chance of success if you perform extensive legal research, carefully study laws and rules related to your case, and stay organized.

Why Do Judges Not Prefer Pro Se Defendants?

Judges prefer not to work with pro se defendants for one simple reason: These defendants might require a lot of hand-holding, whereas attorneys usually require little if any help from a judge.

Has Anyone Ever Won a Court Case Representing Themselves?

Litigants have won court cases when they represent themselves. But pro se litigants are more likely to lose than win their cases.

What Percentage of People Represent Themselves in Court?

According to the Self-Represented Litigation Network, an estimated 3 out of 5 people go to civil court without a lawyer.

Lack of professional representation is especially common among low-income litigants. A 2017 study from the Legal Services Corp. found that low-income Americans dealing with civil legal problems received inadequate legal help or no legal help at all. In criminal cases, roughly 80% of criminal defendants in state courts can’t afford legal representation, meaning some might turn to self-representation.

What Are the Odds of Winning a Pro Se Case?

The odds of winning a pro se case are not good. For instance, a 2017 study by the University of Chicago’s law school found that pro se litigants in federal court fared “extremely poorly” in their cases, particularly when they went up against lawyers.

Who Is Eligible for Self-Representation in Texas Courts, and Are There Criteria?

In civil cases in Texas, an adult or a business entity can typically represent themselves. However, Texas judges restrict self-representation in criminal cases, mostly those involving felony charges. Still, defendants regularly represent themselves in low-level and high-level criminal matters.