§1.03 Self-Represented Litigants

The bulk of your UD actions will concern residential, as opposed to commercial, tenancies. And probably a majority will be based on the tenant’s failure to pay rent. That means you will be presiding over actions in which most of the defendants are self-represented. Presumably they cannot afford an attorney if they can’t pay their rent. Many plaintiffs also are self-represented—usually small property owners and property management companies.

Whenever there are self-represented litigants, your job will be harder. Although self-represented litigants are supposed to be held to the same standards as attorneys with regard to conduct in court and awareness of the law, most judicial officers find this to be impossible. So what can you do to ensure both that the proceedings moves along and that self-represented parties leave feeling that they have had their day in court?

• Acknowledge unrepresented litigants and let them know that they are expected to be aware of the law in their cases.
• Provide local legal service resources (perhaps in the form of a brochure or list) that are available to low- and moderate-income litigants.
• Encourage settlement of the case.
• Decide in advance how much to intervene when unrepresented litigants stumble or get frustrated.
• Decide in advance how long you will tolerate a discussion of legally irrelevant points.
• Be patient!

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REFERENCE >> The Judicial Council maintains a landlord/tenant section at the California Courts Self-Help Center, a Web site for unrepresented litigants: http://www.courtinfo.ca.gov/selfhelp/other/landten.htm.