process pro-se
How successful are non-lawyers when filing declaratory judgements?
<p>First, note that I wanted to ask the question "how hard is it to file and argue a declaratory judgment?"  But that would have probably been a subjective question.  But if you could include in your answer a mention of how hard it is, that would be great.</p>

<p>I assume "declaratory judgment" is something common to all jurisdictions and not just mine.</p>

<p>Not very.</p>

<p>In 1998 the Boston Bar Association Task Force on Unrepresented Litigants did a detailed study on this subject entitled <strong><a href="http://apps.americanbar.org/legalservices/delivery/downloads/bostontaskforce.pdf" rel="nofollow">Report on Pro Se Litigants</a></strong>.</p>

<p><a href="http://apps.americanbar.org/legalservices/delivery/downloads/bostontaskforce.pdf" rel="nofollow">http://apps.americanbar.org/legalservices/delivery/downloads/bostontaskforce.pdf</a></p>

Among their findings was:

<blockquote>
  <p>In some types of matters unrepresented litigants do not obtain results as favorable as those with counsel;</p>
</blockquote>

<p>This conclusion is consistent with my personal experience.</p>

<p>They fare poorly.</p>

<p>An attorney is considered an officer of the court.  Their word is considered ethical gold in court.  A non-lawyer has ZERO gravitas before the court, and so everything he/she says is assumed "suspect" before the court.</p>

<p>I was involved (respondent) in a case where the factual documentary evidence was incontrovertible, public record, and it completely supported my case.  It seemed such an obvious slam dunk that I didn't hire counsel.  The other side's attorney argued on a pro-forma basis to dismiss my motion to dismiss, and the case continued.  I am certain that if I had hired counsel and my counsel had said the exact same things I said, the case would have been dismissed.</p>

<p>The courts really dislike talking directly to petitioners and respondents.</p>
