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This
following statement underpins the concept of
“Pro se' representation (representing yourself) is firmly embedded in American jurisprudence yet, for a lay person, this conceptual right is but a meaningless truism without the corresponding abilities to see through a legal maze and use the complicated procedural mechanisms necessary to vindicate that right. “ Moses Apsan, Esq., Assisting the Pro Se Litigant: Unauthorized Practice of Law or the Fulfillment of a Public Need, 3 NYLRev XXVIII (1983). Many legal proceedings do not require the assistance of anyone, not even a lawyer. The right of self‑representation is universally accepted and has been protected by law since the creation of the American government. The Judiciary Act of 1789, enacted by the first Congress and signed by President Washington the day before the sixth amendment specifically provided that “in all the courts of United States, the parties may plead and manage their own causes personally.…” The United States Courts of Appeals have repeatedly held that the right of self‑representation is protected by the Bill of Rights. Similarly, the individual states, with few exceptions, accord an individual the right of self‑representation, explicitly conferring that right in their state constitutions and corresponding statutes. Many state courts, in accord with federal courts, have opined that the right is supported by the United States Constitution. The American Bar Association [ABA], in its Code of Professional Ethics, recognizes that "anyone who does not wish to avail himself of [legal] representation is not required to do so." With this in mind this ABCDivorces.com was created. |
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