By MATT CHANDLER
Buffalo Law Journal

An old legal adage tells us that "A man who represents himself has a fool for a client."

But more and more Americans are opting to do just that - and some of them succeed in their efforts.

For many so-called "pro se" litigants, the decision not to retain an attorney is based primarily on finances. Others are finding that in the age of electronics, they do not need to hire a pro to handle motion and petition filings. And for some, it's all a matter of principle.

Standing up for himself

Donald Perry, an 82-year-old retired materials engineer, has been embroiled in a lawsuit in U.S. District Court that's been going on for more than seven years.

Perry, a Gasport resident whose daughter and son-in-law own Becker Farms - he shares a home with them, at the same address as the fruit-and-vegetable farm - was charged with retaliation stemming from his decision to report a group of migrant workers he contended were in the United States illegally on expired work visas. The workers had filed a complaint charging Becker Farms with violating the Fair Labor Standards Act.

After appearing in court to answer the charges without an attorney, Perry was assigned a public defender, whom he promptly fired. Despite facing off against what he says were as many as nine different attorneys over the course of his civil suit, Perry remained determined to defend himself and forgo traditional counsel.

"I was innocent, I didn't do anything wrong. Why should I pay for a lawyer to defend myself when I wasn't guilty?" he said in a recent interview. "The other thing I knew was that this was a phony case - these kinds of cases never go to trial."

Perry, who insists that he is a "patriot" who was doing his civic duty when he reported the migrant workers to authorities, said he did initially reach out to several area law firms. Those experiences, he said, were part of what motivated him to represent himself.

"First of all, there are no lawyers that have ever prevailed for a client in a civil case such as this in New York state. And then when I did approach a few lawyers, they said, ‘Hey, we don't want to touch this,' " Perry said. "When I finally did get one (interested in the case), they said, ‘We'll need $12,000 just to listen to you.' "

Through the years, Perry said he has learned "a tremendous amount" about the justice system.

As for the first time he appeared before the presiding judge and stood alone at the defense table, Perry said he was "naive" in his expectations as to how the case would unfold. But, he added, "I've had so many experiences in my life that I was not intimidated by the court appearance."

A pro se resource

Sources say one of the biggest problems with citizens defending themselves is that they may fail to understand the often-complex filing requirements and procedures that must be adhered to. Perry, for example, was jailed for more than five weeks in 2007 for failing to appear for a court appearance. He said he thought he was following the judge's orders in not appearing at the time.

Even so, Perry remains defiant and says he would do it all again.

"What's wrong with going to jail when you're innocent? I came out of jail with more money in the bank than when I went in," he said. "I had television in jail, three squares a day, and it wasn't costing me anything."

While the Perry case may represent an extreme in the world of pro se litigation, the number of Western New York residents choosing to represent themselves in legal matters is on the rise.

The state court system established the 8th Judicial District Court Resource Center in 2008 to address the needs of people filing papers or representing themselves in a wide variety of civil legal matters. While staff can't offer legal advice, merely guidance as to what forms to file and where to go, Ann Arnold, senior attorney in charge at the center, says pro se demand activity locally is significant.

"The number of walk-ins we have seen has been steadily increasing since we opened," she said. The center is staffed by Arnold and a single court clerk who typically assist 25 to 30 people each day. Arnold says the work can be taxing, but is generally rewarding.

"There is just a certain segment of the population that can't afford an attorney, and they aren't going to get an attorney because there is no right to an attorney in a civil case, only a criminal case," she said. "They've always been around, they just haven't had an office like this (locally) to serve them."

Volunteer intervention

The 8th District Resource Center is the first such office in the state outside of New York City. Arnold says the two most common matters people come in looking to file are name changes and uncontested divorces.

"A lot of the improvement we've seen (since the center opened) is that we are able to help people prepare papers that don't have to repeatedly be sent back for errors, so they can get their day in court. And it's easier on the court and court staff, because they don't have to waste a lot of time and resources," Arnold said. "We see a lot of people who have been bounced around from office to office, and by the time they come to us they are frequently frustrated. So if we can just make that easier for them, I think what we do is worthwhile."

At times, Arnold said, it's her office that is doing the bouncing, referring clients with complex legal matters to one of several legal aid organizations, including the ECBA Volunteer Lawyers Project Inc. Robert Elardo, managing attorney, says bankruptcy and divorce matters top the list of cases involving a pro se litigant who ends up turning to the VLP for representation.

"They get in the middle of the case, and now they are drowning and they come to us calling for help," Elardo said. Lawyers are often reluctant to step into a case that began pro se, he said, because they have no idea what the litigant has done and whether it was handled correctly.

"They don't know what land mines they are going to run into," he said. "We have had cases where, if it wasn't too far along in the process, we've only taken it if we could withdraw that (original) case and start over."

Working with the system

A distance of 1,500 miles separated Louis Grossman and the court where he is representing himself pro se.

Having defaulted on a $64,000 loan from HSBC Bank, Grossman, who lives in Miami, was sued by a debt-collection agency that purchased the note from the bank.

"It was strictly a financial decision (to represent myself) because I don't have the means to (pay) legal bills," he said. Though he is acting without the guidance of an attorney, Grossman does have a leg up on most pro se litigants - though he's never been admitted to the bar, he has a law degree from the University of Miami School of Law.

"If it wasn't for law school, I don't think I would have even known what pro se was," he said.

Grossman recently filed a motion to have the case moved to a Florida court. As he awaits the judge's ruling, he is optimistic about his chances of success.

"I may not have been able in my papers to present case law to support my position, which the plaintiff was able to do," he said, "but my contention is, Florida law is best applied in a Florida court."

While he wishes he'd never found himself on the wrong end of a lawsuit, Grossman said online and court resources have helped him to navigate the court system.

"My experience with the Erie County court system has been wonderful. The people that answer the phones, the front-line people and the judge involved could not have been more courteous, more helpful, more patient," he said. "From that aspect, once they know you are calling as a pro se (litigant), they are more than receptive to answering any and every question."

Mixed results

As for Perry, the civil case against him has beeen resolved. He received a letter from the court dated Sept. 8, he said, notifying him that while he was found guilty of retaliation against the plaintiffs, since the men did not wish to pursue monetary damages, there was no need for a trial, and the case was closed.

Though it might seem like a victory to have navigated the courts pro se and come out without a financial penalty, Perry says that isn't what this was about, and he isn't done fighting.

"I want to get them into court and have them deported," he said.