The pro se litigation wave is threatening to swamp courts at all levels. The idea that people can successfully represent themselves has arisen most probably from two sources: (1) the influence of televised small claims cases or family law matters in which a “judge” from the “Judge Judy” model hears arguments and “testimony” from unrepresented litigants ; (2) the use of the internet as a research resource. While the latter observation will seem hypocritical coming from a blog reporting about litigation as a type of research resource, this blog like most other of this genre are useful only for general interest, issue identification so that legal services may be more wisely purchased, and for lawyers looking for details in what otherwise for that lawyer might be a new niche issue. No internet source can substitute for actual legal advice from a qualified practitioner or equip a non-lawyer for actual advocacy.
Pro se litigants in recent years have also proliferated because fueled by the foregoing, they become obsessed with winning the legal “lottery.” Because of the multiplicity of factors that can influence a judicial outcome, to the uninitiated it may seem like a game of chance. Just like “gambling addiction,” “litigation addiction” is identifiable by its symptoms. These symptoms include: (1) inability to accept a final judicial ruling; (2) inability to differentiate the impersonal judicial outcome from the personal self-interest; (3) gratification not from winning, which they almost never do, but from the vexatious harassment imposed on as many other people as possible; and (4) unwillingness to accept real legal advice from a qualified practitioner. Thus, pro se litigants exhibiting “litigation addiction” symptoms will often file new lawsuits over and over on the same issue long ago lost, will often file documents they have personally authored even when they have hired a lawyer to represent them, will often fire lawyer after lawyer because the lawyers would not participate in vexatious harassment, and in the worst cases will not stop wasting everyone’s time and money even when monetarily sanctioned. For the more extreme cases, being jailed for contempt of court, either from out bursts in court or more likely from violating filing injunctions, may be the only cure available to victims and the courts.
In Tompkins v Lifeway Christian Resources, 2019 WL 3763946 (10th Cir. 2019), the appellate court affirmed the federal trial court’s dismissal of the case and awarded monetary sanctions. This was the second appeal the 10th Circuit heard on the matter, the first being heard in 2016. In the trial court’s second case, which was the subject of the second appeal, second lawsuit was brought against many of the same defendants. It arose from the sale of a large piece of property that was the subject of the first lawsuit. While the pro se Plaintiffs may have made new arguments in the second case, none of the arguments were sufficient to constitute a valid collateral attack on the first judgment against them.