Also known as: pro se attorney · pro se · self-represented attorney
Written by attorneys · grounded in primary & secondary sources — see below
A licensed attorney who elects to represent himself or herself in a legal proceeding without retaining separate counsel. The attorney assumes all responsibilities of advocacy while remaining subject to the same procedural and ethical obligations that apply to any other litigant.
Faith, a sitting housing-court judge, holds a power of attorney from her father and files small-claims actions for unpaid rent. At each hearing she stands at counsel table, argues facts, and examines witnesses while her father remains silent. Because she is acting as lawyer for her father rather than pro se, her active courtroom advocacy on another's behalf violates the prohibition on practicing law even though she receives no compensation.
Alex, a licensed criminal-defense attorney charged with obstruction, appears without counsel at a pretrial hearing involving a child witness. The statute allowing closed-circuit testimony expressly excludes cases in which the defendant is an attorney pro se. The court therefore requires the child to testify in open court because Alex's status triggers the exception.
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Carlos Lopez, a solo practitioner charged with misappropriating client funds, moves to discharge appointed counsel and proceed alone. He clearly states his desire to represent himself. Because Lopez is already an attorney, the court must still conduct a knowing-and-intelligent waiver colloquy before permitting him to continue as an attorney pro se.
An indigent attorney charged with a federal offense appears without counsel at a plea hearing. The government may discuss a plea agreement directly with the defendant because he is proceeding pro se. The court must still ensure that any waiver of counsel is knowing and intelligent before accepting the plea.
A licensed attorney arrested for a state crime invokes his right to remain silent but later reinitiates contact with police. Because he is an attorney pro se, the court must determine whether his waiver of counsel was knowing and intelligent before admitting any resulting statements.
A solo practitioner charged with a traffic offense appears without counsel and argues his own motion to suppress. The court treats him as an attorney pro se and holds him to the same procedural rules that apply to any litigant, including the requirement that all objections be preserved on the record.
A judge may act pro se in all legal matters. The rule prohibits a judge from serving as the lawyer for a family member in any forum, even without compensation and even when holding a power of attorney. Active courtroom advocacy on behalf of another exceeds the narrow permission for uncompensated document work or advice given outside a forum.
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Yes. Even a licensed attorney has a constitutional right to self-representation only if the waiver of counsel is knowing and intelligent. The court must still inquire into the defendant's understanding of the charges, penalties, and risks of proceeding without counsel.
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No. The constitutional right to appointed counsel at critical stages applies to all indigent defendants regardless of profession. Legal training does not eliminate the right or excuse the court from securing a valid waiver before allowing self-representation.
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Yes. The Assistance of Counsel guarantee covers critical pretrial stages such as initial appearances and motion hearings. An indigent attorney defendant must receive appointed counsel at those stages unless a knowing and intelligent waiver is obtained on the record.
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…Conley Court cited approvingly was written by Judge Clark himself. In Dioguardi v. Durning , 139 F.2d 774 (2d Cir. 1944), the pro se plaintiff, an importer of “tonics,” charged the customs inspector with auctioning off the plaintiff’s former merchandise for less than was bid for it — and indeed for an amount equal to the…