Also known as:unrepresented persons · unrepresented party · unrepresented parties · pro se · self-represented
Written by attorneys · grounded in primary & secondary sources — see below
A party or individual participating in a legal matter or proceeding without the assistance of counsel. The phrase identifies persons who stand outside the attorney-client relationship and therefore receive distinct protections and restrictions under rules governing lawyer conduct and court procedure.
Sources & Authorities
How it applies
Common Examples
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Judge Handling Personal Suit
Ulysses Ulrich, a sitting judge, files a small-claims action to recover unpaid rent on his own property. He appears at the hearing without counsel, presents evidence, and questions witnesses himself. Because he is acting pro se, the rule permits him to represent his own interests even though he may not practice law for others.
Lawyer Contacts Unrepresented Claimant
Uliana Ustinova, counsel for a shipping company, telephones Umar Usmani about a cargo-damage claim. Usmani has filed a pro se complaint and has no lawyer. Ustinova states at the outset that she represents only the company and refrains from offering any advice on how Usmani should plead or settle.
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Cases
Federal Rules
Model Codes
Casebooks
Unrepresented Party Joins Discovery Conference
Uma Upadhyay, appearing without counsel in a contract dispute, receives notice of the required Rule 26(f) conference. She participates by telephone with opposing counsel to discuss initial disclosures and a proposed discovery plan. The rule treats her as jointly responsible with counsel for arranging the conference and submitting the report.
Mediator Clarifies Neutral Role
Uriah Urban serves as a court-appointed mediator in a neighbor dispute. Usman Uddin attends without counsel and appears unsure of Urban's function. Urban explains that he is a third-party neutral and does not represent either side, satisfying the obligation to correct any misunderstanding.
Common questions
Frequently Asked
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What must a lawyer do when communicating with an unrepresented person whose interests conflict with the lawyer's client?+
The lawyer must not state or imply disinterest. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role, the lawyer must make reasonable efforts to correct the misunderstanding. The lawyer may not give legal advice other than the recommendation to secure counsel.
May a judge represent someone else in court?+
No. A judge is prohibited from practicing law and from serving as the lawyer for any person other than the judge acting pro se. The rule permits a judge to act without counsel in personal matters but bars compensated or uncompensated representation of others in any forum.
What duties does an unrepresented party have in a federal civil case?+
An unrepresented party who has appeared must participate in the Rule 26(f) conference, help develop the discovery plan, and join in submitting the written report to the court. The rule places the same joint responsibility on unrepresented parties as on attorneys of record.
What must a third-party neutral tell an unrepresented party?+
The neutral must inform the party that the neutral is not representing that party. When the neutral knows or reasonably should know that the party does not understand the neutral's role, the neutral must explain the difference between serving as a third-party neutral and serving as a lawyer who represents a client.
447 S.W.3d 807 (Tenn. 2014)Contracts
…The petition was signed by the attorney representing the Intended Parents. Both the Surrogate and her husband signed as “Pro se Co-Petitioners.” By affidavit, the Surrogate attested to the following: 4. I voluntarily entered into the Surrogacy Agreement with [the Intended Parents], and the statements contained in…