Providing a helping hand to litigants

If I had a dime for every occasion I’ve been asked to provide legal advice to litigants representing themselves (pro per or pro se), well you know how the saying goes. Judges face the same difficulty as most pro pers don’t have anywhere near the level of legal knowledge necessary to represent themselves effectively. A lack of understanding of the law, court rules and procedures often lead to frustration and resentment toward the judicial system.

Canon 3(A)(4) has been added to the Michigan Code of Judicial Conduct to assist judges in ensuring pro pers are fairly heard in court. Effective September 1, 2025, Canon 3(A)(4) provides that “judges may make reasonable efforts that help self-represented litigants to understand the proceedings and applicable procedural requirements, secure legal assistance, and be heard according to law.” Judges must be careful to not appear biased or provide one side with an unfair advantage, as many self-represented litigants already have a jaded opinion about the court (especially in family law cases).

 

The new Canon provides examples of what “reasonable efforts” may include and makes clear that the list is not exhaustive. The court can explain the proceedings, ask neutral questions to gather or clarify information, alter the usual way evidence is taken and “[c]onstrue pleadings to facilitate consideration of the issues raised.” Judges are also able to detail next steps in the case and what parties are expected to do, as well as refer them to resources that could help them prepare, enforce or comply with orders.

 

Many judges already hold more relaxed proceedings to accommodate pro pers, and courthouses have information and forms readily available for those navigating without an attorney. That being said, some judges may not feel comfortable doing so, which is why this new Canon is so important. Giving judges permission to recognize and help mitigate the difficulty many have in self-representation will hopefully pave the way for a more amicable relationship between parties and courts.