CAUTION: THE DANGERS OF SELF-REPRESENTATION
“Self-Representation” or proceeding “pro se” means the party does not have a lawyer in a legal matter and is representing himself or herself, regardless of whether the self-representation is by choice or because the party cannot hire a lawyer. A pro se party should be aware of the following:2. All parties and attorneys must follow the Rules of Judicial Administration and the Florida Rules of Appellate Procedure, as well as the specific appellate court's internal or “local” rules and procedures. A pro se party who has no formal legal training is just as responsible as an attorney for following all of the rules.
3. The Florida Rules of Appellate Procedure set forth the pleadings and documents that must be filed in an appeal, along with the deadlines (number of days) in which to file the pleadings or documents, such as the notice of appeal and the appellate briefs.
4. All parties must comply with filing deadlines. No party is allowed to file an appeal or brief late simply because that party is representing himself or herself and does not have any formal legal training. No party is allowed to ask for extensions of time and/or continuances of a court proceeding simply because that party is pro se.
5. The appellate court's review of a case is limited to the record on appeal made in the lower tribunal. For example, if a pleading, motion or other document was not filed in the lower tribunal before the appeal, or if a piece of evidence or an exhibit was not introduced into evidence in the lower tribunal, it cannot be argued or considered for the first time on appeal. This is because the document or evidence was not part of the record in the lower tribunal. The record on appeal is limited to the record that was made in the lower tribunal. Similarly, the appellate court usually cannot consider any argument that was not made in the lower tribunal.
6. The appellate court must follow the laws, rules, regulations, and court decisions that are controlling and factually on point. The appellate court cannot make any special exceptions for pro se parties.
7. If a lawyer represents the opposing party, the appellate court may order the pro se party to pay the opposing party's attorney's fees and costs if that party wins the appeal. In certain special cases, such as family law appeals, attorney’s fees may be awarded based on financial need without regard to who prevails.
8. If a lawyer represents the opposing party, a pro se party may have a hard time winning their case. A lawyer's legal training and knowledge may result in the opposing party winning the case through skillful use of procedural or technical requirements, or through skillful use of case law and legal argument.
9. The Rules Regulating The Florida Bar and the Florida Supreme Court forbid the “unlicensed practice of law.” That means a non-lawyer (or even a lawyer from another state or law student) cannot give legal advice or speak on behalf of anyone in court proceedings without a license to practice law in the State of Florida. In other words, a non-lawyer without a license to practice law in the State of Florida cannot give legal advice to anyone or attempt to act as another person’s lawyer, whether in written papers or in court appearances or otherwise. Both The Florida Bar and the Florida Supreme Court take the unlicensed practice of law very seriously. The Florida Bar investigates and prosecutes, and the Florida Supreme Court punishes (including a fine up to $2,500 or jail time up to five (5) months), any person found to have acted as a lawyer on behalf of another person without having a license to practice law in the State of Florida.
By using The Florida Bar Appellate Practice Section Pro Se Appellate Handbook, the user agrees to indemnify and hold harmless The Florida Bar Appellate Practice Section and anyone involved in the preparation of the Pro Se Appellate Handbook.
