Established case law tells us that pro se litigants are held to the same standards as represented parties. In practice, however, that principle does not always play out neatly in the courtroom — and often, it shouldn’t. While pro se parties must follow the rules, attorneys should approach interactions with them thoughtfully and deliberately. Pro se litigants deserve the same respect we extend to opposing counsel, but they also require more patience and significantly more caution.

Set clear — and firm — boundaries

The first and most important step is to establish clear boundaries that you do not represent the pro se party. Be direct, be repetitive, and be consistent. When a pro se party asks a question that calls for legal advice, do more than simply say, “I can’t give legal advice.” Explain why.

Requests for legal advice provide an opportunity to politely but clearly restate your role, identify whom you represent, and remind the pro se party that you are not their attorney. The only legal advice an attorney should give an unrepresented party is to suggest that they consult with counsel. While that suggestion may frustrate someone who cannot afford representation, it reinforces their right to seek counsel and underscores that you cannot serve in that role.

Be transparent — without advising

Within those boundaries, transparency is not only permissible but often helpful. There is no need to “hide the ball” when responding to a pro se party’s procedural questions. Without advising them on how to proceed, attorneys can explain what they intend to do and what to expect from their own case strategy.

For example, if a pro se party asks what will happen at an upcoming hearing, it is appropriate to state your client’s intentions — whether you plan to seek a continuance, dismissal, or judgment. This kind of transparency avoids unnecessary confusion while staying clear of legal advice.

Avoid arguing the law

If a pro se party raises a legal issue — particularly in phone calls or real-time communications — resist the temptation to debate or correct their understanding of the law. Even when their position is plainly incorrect, arguing the issue or explaining why they are wrong can quickly cross the line into providing legal advice.

A safer approach is to state your disagreement succinctly and recommend that they consult an attorney. For instance, if a pro se party disputes proper service, it is sufficient to say that your records reflect proper service or that it is your position that service was perfected. Explaining the legal mechanics of service of process, even with good intentions, risks providing guidance that could inadvertently prejudice the unrepresented party’s rights. A well-meaning explanation might omit facts the pro se party hasn’t shared, leading them to abandon a potentially valid defense altogether.

Above all, be kind

Second only to avoiding legal advice is the importance of kindness. Pro se parties are often defendants navigating the legal system for the first time. What is routine business for an attorney is frequently deeply personal for them. Emotions may run high, and confusion and fear are common.

An aggressive defense from a pro se party should not automatically be interpreted as over-litigiousness. There is a longstanding — and not entirely unfounded — culture of mistrust toward attorneys and the legal system. Many pro se parties fear that if they do not fight at every turn, they will be taken advantage of or lose their rights. That mindset can create delays and frustrations, but attorneys are best served by responding with patience, professionalism, and empathy.

Balancing advocacy and accessibility

The legal system can be difficult for pro se parties to navigate, and attorneys should remain mindful of that barrier to access. Zealous representation of a client is not incompatible with professionalism, transparency, and respect. By exercising caution and compassion, attorneys can advocate effectively without becoming an additional obstacle to justice.

February 4, 2026/by Litigation