
By Michael Phillips | People’s Law Review
There is a quiet myth embedded in the legal system: that once you walk into court without a lawyer, you have somehow agreed to receive fewer rights.
That myth is wrong.
Self-representation — often called pro se — does not cancel constitutional protections. It does not suspend due process. And it does not authorize courts to shortcut fairness in the name of efficiency.
Yet every day, people representing themselves are treated as if access to justice were conditional.
This article explains, plainly and directly, what courts still owe you — even if you are pro se.
The Right to Notice
Courts must give you clear, timely notice of hearings, deadlines, and actions affecting your case.
That means:
- You must be informed before decisions are made
- You must receive filings and orders
- You must be told what is happening and when
Late notice, no notice, or vague notice is not a harmless error — it is a due-process failure.
The Right to Be Heard
Being heard does not mean merely being present in the room.
It means:
- A real opportunity to speak
- A chance to present evidence
- Time to respond to allegations
- Consideration of what you actually said
Rushing, silencing, interrupting, or deciding issues without hearing both sides violates the most basic promise of justice.
The Right to Neutral Decision-Makers
Judges are required to be impartial, regardless of whether you have counsel.
That obligation does not change because:
- You are unrepresented
- The other side has an attorney
- The case is routine
- The docket is crowded
When courts favor one side procedurally — granting requests without response, enforcing rules selectively, or dismissing concerns as “irrelevant” — neutrality is lost.
The Right to Accessible Proceedings
Courts are public institutions. They must be accessible, not just technically open.
This includes:
- Clear explanations of procedures
- Reasonable accommodations for disabilities
- Plain notice of what is required next
- Records that reflect what actually occurred
Accessibility is not “special treatment.” It is the minimum standard for fairness in a system ordinary people are expected to navigate.
The Right to Meaningful Records
What happens in court must be documented honestly.
You are entitled to:
- Accurate docket entries
- Orders that reflect real rulings
- Records that match what occurred on the record
When decisions are made off-record, when denials are unexplained, or when outcomes appear without reasoning, accountability disappears.
What Pro Se Does Not Mean
Being pro se does not mean:
- You waived constitutional rights
- You agreed to procedural shortcuts
- You forfeited fairness
- You deserve less patience or respect
Courts may expect you to follow rules.
They may not weaponize complexity to deny justice.
Why This Matters
Most people who appear in court do not choose to go without counsel — they are priced out, excluded, or overwhelmed.
When courts treat self-representation as a defect rather than a reality, the legal system becomes something else entirely:
- Not a forum for justice
- Not a neutral arbiter
- But a gatekeeping mechanism that rewards insiders and exhausts everyone else
That is not the rule of law. It is the erosion of it.
A Simple Truth
Self-representation does not waive constitutional protection.
If the system only works for those who can afford it, then it is not working at all.
People’s Law Review exists to document that gap — and to insist that the law serve the people it governs.
Have a record, order, or experience that contradicts what courts promise?
We review public records. We protect sources. We focus on systems, not gossip.
Because justice should not depend on who can afford a lawyer.
