In pursuit of justice, some opt to do it themselves

VIRGINIA BEACH

When John McMullen strode into court to challenge the city's participation in the Hampton Roads Transportation Authority, he sat alone at the plaintiff's table.

Rather than spend what he said was a minimum of $200 an hour on attorney fees, McMullen represented himself - and took his chances. After weeks of researching his lawsuit, he presented his argument.

"I thought I was very logical, but you're fighting a big legal clique," said McMullen, a 64-year-old retired naval officer and ship repair executive. "I had the impression as soon as I walked in there I was not going to win."

He was right. He lost, though he spent less than $100 filing the lawsuit.

McMullen is one of a growing group of civil litigants who appear in courtroom proceedings without attorneys.

While circuit court judges say they have not noticed the trend, court clerks say they are seeing more people filing petitions on their own for name changes and appeals of General District Court decisions and more complicated matters, such as contract disputes and divorces.

It could be a function of a tough economy, or the result of gavel-to-gavel coverage on television giving viewers the confidence to take on the system or the creation of do-it-yourself Web sites, which offer downloadable legal forms.

The Virginia Supreme Court has launched a study of why people go "pro se," the legal term for representing yourself, and how the courts can address the challenges that come when nonlawyers argue cases.

"It is becoming a greater problem for the courts and for the people who are looking for justice and can't get an attorney," said Raymond Hartz, executive director for the Legal Aid Society of Eastern Virginia.

"I have probably seen it more in clients who years ago could have afforded an attorney, but because of the cost of attorneys and problems in the economy, are trying to do it without one."

A 2000 survey, the most recent one conducted in Virginia, showed that circuit judges who responded estimated that 10 percent or less of their cases involved the unrepresented.

No statistics are kept on pro se cases. One gauge in Virginia Beach is the rising number of people referred from the Clerk's Office to the Wahab Public Law Library to do research. While it is unknown how many aren't lawyers, an average of 70 to 75 people visit the library in the courthouse daily, said acting law library coordinator Jean Tancredi.

There are no figures on how successful it is to go it alone. Richard Zorza, coordinator of the Self-Represented Litigation Network, a group of organizations that promote access, said it is tough to determine what cases have a better shot at winning. It depends on the merits of a case, he said.

Going alone is not easy. Among the problems pro se litigants face are meeting deadlines and understanding what is required in a hearing, such as presenting evidence.

Chief Circuit Judge Frederick Lowe said one of the most common missteps is that people will try to present hearsay, such as written estimates for damages that have not been authenticated.

"If they don't know the rules," said Tara Casey, director of the Pro Bono Services Program at the University of Richmond School of Law, "they are not able to put on their case, and as a result, the merits of their case would not be argued as effectively."

Doyce Ford, 73, the former pastor of First Colonial Baptist Church, ran into problems when he claimed three years ago that the Police Department and several officers did not protect his rights in a dispute with church members. He said he had an attorney, but having racked up credit card debt, could not afford to continue paying him.

Ford lost. He indicated he would appeal to the Virginia Supreme Court but did not submit the petition in time. The appeal was dismissed last spring.

"I represented myself as well as any mediocre lawyer could," said Ford, who now lives in Verona, north of Staunton. "There was a lot to do. I just did not have a chance."

Duane Bourne, (757) 222-5150, duane.bourne@pilotonline.com