If you file a lawsuit, pro se, can a judge 'require' you to get legal representation to continue the case?

Answer 1

Probably not, unless "you" are actually a corporation, LLC, or similar business entity (they can't represent themselves pro se in court). I think it would probably violate due process to require you to engage counsel (unless the court appointed counsel for you), UNLESS you've done something to disregard the rules of the court or have not properly represented yourself with dignity (then the Court would be, effectively, saying "you're in contempt for failing to follow rules -- learn them or get counsel before you come back.")

Note -- if you file "in forma pauperis," that is, without paying fees, the Court has the ability to review your claim to see if it states a claim before you may proceed. Oftentimes judges simply do not allow self-represented people to file IFP if their claim is frivolous -- USUALLY, you can still proceed if you're willing to pay the filing/motion/etc fees.

Note 2 -- when you're representing yourself, you're expected to know and follow all of the general litigation rules -- that's why it's helpful to have an attorney!

Answer 2

What they can and usually will do is appoint a licensed attorney to sit :"second chair" while the case is litigated. The reason is very simple. Lay people simply dont know the rules of evidence and procedure well enough to handle a litigation that is at all complex, and having the attorney there can help to keep the case moving. Additionally, having the attorney there can lessen the likelihood of reversible error that could get the case remanded on appeal. There is also the problem of an ineffective assistance of counsel claim, which appointing the attorney removes. The lawyer is there, if the plaintiff chooses not to consult him, thats his choice, but you lose that issue for any appeal.
Technically, you have the right to proceed in pro se, but a judge will usually not allow it unless the plaintiff has had some legal training or at least some experience with the civil courts. It
also depends on how complex the case is, and what chance the
plaintiff would have to prevail on the merits.

Answer 3

If you file a lawsuit you are never going to be required to have representation at least not at the time of filing. The Constitution only requires that defendants in a criminal case be provided with representation (if they cannot afford it) as a protection of our civil rights (against arbitrary arrest from the government). Lawsuits are civil matters and not criminal matters however, and so there is no requirement to have a lawyer. That being said, it is probably a good idea to have a lawyer as they know the procedural rules, and can speak "legaleese". Also... make too many mistakes while representing yourself, and that tends to tick the judge off; and a happy judge on your case is a good thing!

Answer 4

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Answer 5

No, but he can throw out your case if you fail to follow legal procedures. This probably why he told you to go get an attorney cause you don't know what your doing.

Answer 6

If you are the plaintiff then if he does he is only looking out for your best interest. For example, you have a slam dunk case and you stand the chance of losing because of your lack of experience.

Answer 7

possibly. go the american bar assoc site or findlaw

www.aba.org and see pro se or self reprsented litigant

www.findlaw.com and find nolo on the net.