Navigating the Legal System Without Representation: A Study of Pro Se Litigants

Authors

    Nima Ghanbari Department of Criminal Law, University of Tehran, Tehran, Iran
    Shadi Kavoosi * Department of Middle Eastern Politics, University of Tehran, Tehran, Iran shadi.kavoosi84@yahoo.com

Keywords:

Pro se litigants, self-representation, access to justice, qualitative research, legal barriers, Tehran judiciary, legal empowerment, courtroom adaptation strategies

Abstract

This study aimed to explore the barriers faced and strategies employed by pro se litigants navigating the legal system without legal representation in Tehran. A qualitative research design was adopted using semi-structured interviews with 21 self-represented litigants involved in civil and administrative cases in Tehran. Participants were recruited through purposive sampling to ensure direct experience with self-representation. Data collection continued until theoretical saturation was reached. All interviews were audio-recorded, transcribed verbatim, and analyzed thematically using NVivo software. The thematic analysis followed an inductive approach through open, axial, and selective coding. Three main themes emerged from the data: barriers to legal access, strategies for self-representation, and emotional and psychological responses. Barriers included financial constraints, procedural complexity, institutional discrimination, lack of information, and psychological deterrents. Participants developed various self-representation strategies such as self-education, informal legal support, documentation tactics, and courtroom adaptation techniques. Emotional responses ranged from stress and disempowerment to feelings of empowerment and resilience. Despite facing structural disadvantages, many litigants demonstrated resourcefulness and a strong sense of agency in navigating legal proceedings. The findings highlight the duality of pro se litigation in Tehran—while systemic obstacles persist, self-represented litigants actively employ coping strategies that reflect both vulnerability and empowerment. The study underscores the need for institutional reforms including plain-language legal materials, procedural assistance, and judicial training to support lay litigants. Expanding legal aid infrastructure and formalizing community-based support mechanisms could significantly enhance access to justice and procedural fairness for those unable to afford legal representation.

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Published

2023-10-01

Submitted

2023-08-05

Revised

2023-09-03

Accepted

2023-09-16

How to Cite

Ghanbari, N., & Kavoosi, S. (2023). Navigating the Legal System Without Representation: A Study of Pro Se Litigants. Journal of Human Rights, Law, and Policy, 1(4), 29-37. https://jhrlp.com/index.php/jhrlp/article/view/22

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