Are Lawyers More Likely To Litigate Claims As Pro Se Plaintiffs? - Above the Law
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Are Lawyers More Likely To Litigate Claims As Pro Se Plaintiffs? - Above the Law
"Litigation can be an extremely complex process for individuals unaccustomed to the practices and procedures of pursuing claims in court. As a result, lawyers who have claims of their own might have advantages if they seek to litigate those claims in court, since they can presumably save money on legal fees and benefit from knowledge of the legal system. However, some lawyers might be dissuaded from pursuing claims in court since they understand the delays and minutiae of litigation."
"I could tell that this lawyer turned pro se plaintiff had not thought about this consequence of pursuing claims in court. The lawyer related that it was unlikely that a lawyer would be denied admission to a bar or a job opening for litigating their own claims, but I countered that they still would have to submit additional information and explain the litigation matters when pursuing certain opportunities."
Litigation can be complex for individuals unaccustomed to court practices and procedures. Lawyers who pursue their own claims pro se may save money on legal fees and use their knowledge of the legal system to gain procedural advantages. Some lawyers decline to litigate personally because they understand the delays and minutiae of litigation. An attorney representing a client observed a pro se plaintiff whose pleadings were well drafted and later discovered the plaintiff was a lawyer who had repeatedly filed pro se claims. Lawyers who litigate their own claims may face disclosure obligations on bar applications and background checks, requiring explanations and potentially additional submissions.
Read at Above the Law
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