With all the litigation flowing across an in-house counsel’s desk, it can be easy to overlook the cases being brought by plaintiffs representing themselves. At first blush, a pro se case may seem like an easy win. Yet, pro se cases present special challenges for corporations, especially in the employment context. Whether the pro se plaintiff considers himself a legal expert who fills his complaint with dozens of statutes and claims, or thinks that he can get to trial simply by filing a one-page handwritten document asserting wrongful termination, corporate counsel must take special care in dealing with these litigants.
Federal courts are obligated to extend extra leniency to plaintiffs who are representing themselves in order to ensure their claims are given fair and meaningful consideration. See Haines v. Kerner, 404 U.S. 519, 520 (1972); see also Matzker v. Herr, 748 F.2d 1142, 1146 (7th Cir.1984). Between court leniency and the inadvertent delays and complications that pro se individuals can cause, these cases tend to be complex and lengthy. With such challenges in mind, pro se litigation can still be effectively handled.
Anticipate Delays, Especially at the Front End
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