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Pro Se Litigants Face Uphill Battle: How Courts Can Level the Playing Field

Monday, January 12, 2026 at 04:23 PM

Self-represented litigants win cases at dramatically lower rates than those with attorneys. Experts propose reforms to ensure equal access to justice for all Americans.

Americans who cannot afford attorneys and must represent themselves in court—known as pro se litigants—face daunting odds. New data shows that pro se litigants prevail in only 4% of civil cases, compared to 31% for those with legal representation. This disparity raises serious concerns about access to justice in America. With legal fees often exceeding $300 per hour, many middle-class and low-income Americans are effectively priced out of meaningful court access. Courts across the country are experimenting with reforms to address this imbalance. Some jurisdictions have implemented self-help centers staffed by attorneys who provide limited guidance. Others have simplified court forms and procedures to make them more accessible to non-lawyers. "The complexity of our legal system has become a barrier to justice," explained a legal aid director. "When ordinary citizens cannot navigate court procedures, we've failed in our fundamental promise of equal justice under law." Technology offers promising solutions. AI-powered legal assistance tools can help pro se litigants understand their rights, complete forms correctly, and prepare for hearings. The John Adams Inquirer advocates for courts to embrace such innovations while maintaining appropriate safeguards. Proposed reforms include: - Mandatory plain-language court documents - Expanded court self-help centers - Reduced filing fees for low-income litigants - AI-assisted legal guidance tools - Simplified procedures for common case types

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