What should you expect of your legal team when mounting a defense against a pro se plaintiff?
Defending health care providers in malpractice claims brought by pro se plaintiffs presents unique challenges requiring patience, precision, and strategic foresight. Because pro se litigants lack legal representation, courts often offer them considerable leniency — extending deadlines, overlooking procedural missteps, and interpreting their filings in the broadest, most favorable light. Paradoxically, this can lead to pro se cases becoming even more challenging and expensive to defend.
Recently, we secured our client’s dismissal in a case where the pro se plaintiff benefited from all of the above leniencies, underscoring the value of preparedness in navigating the distinctive challenges that come with defending such cases. Here are some strategies we employed:
- Emphasize Procedure: Pro se plaintiffs often struggle with the intricacies of legal procedures. While the court may be forgiving, it is still important to highlight procedural missteps in a timely manner. Submitting clear, well-supported motions referencing specific errors can pave the way for an early dismissal/judgment.
- Anticipate Unconventional Pleadings: Pro se plaintiffs often submit nontraditional or incomplete filings. It is essential to thoroughly examine every submission and anticipate potential interpretations the court might adopt. By proactively addressing any possible substantive arguments, you can stay one step ahead and prevent unexpected issues from arising later in the case.
- Balance Patience with Persistence: Continue advancing the case by requesting hearings and filing motions as necessary. By balancing patience with proactive case management, you can keep the case moving forward, even amid delays or extensions granted to the plaintiff.
- Document Everything: A detailed record of every extension, motion, and interaction with the plaintiff is crucial. This paper trail will serve you well in court as it documents clear communication and opportunities for the pro se litigant to comply, a pattern of noncompliance and the resulting prejudice to your client.
- Maintain Clear Communication with YOU, the Client: In these cases, even the “simplest” issues require additional time, steps and persistence. You have every right to expect frequent and clear communication from your trial team. Effective communications are critical to a successful outcome.
By keeping a firm grip on the legal process and anticipating the court’s leniency toward pro se litigants, your trial team can protect their health care provider client and move the case to a favorable resolution.
If you need assistance in a legal matter involving a pro se plaintiff, our experienced attorneys at Waranch & Brown can help.