Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
“Am I allowed to represent myself in a Florida family law case?” This is a frequently asked question that many may have because they feel they cannot afford to pay a lawyer to represent them. The right to proceed without a lawyer in a Florida family law case is not absolute. That is, the court can prohibit a party from proceeding without a lawyer, and this was an issue in the case Clark v. Baney, 1D22-118 (Fla. 1st DCA January 25, 2023).
In this defamation case, a party filed a lawsuit pro se, meaning without a lawyer. According to the appellate opinion, the court in which he filed his case issued an order to have the party show cause why the court should not “(1) take judicial notice of a 2020 Escambia County case in which Appellant was designated as a vexatious litigant and (2) use its inherent authority to prohibit Appellant from appearing pro se in the Second Judicial Circuit. The show cause order noted that since 2020, Appellant had filed more than 120 lawsuits in 58 Florida counties, none of which had resulted in a victory for him.”
Instead of complying with the show cause order, the party filed a response with the court that was reportedly filled with expletives and insulted the integrity of the judge. After a hearing at which the party appeared and was reported to be disrespectful to the court before intentionally disconnecting from the hearing before it ended, the court entered an order prohibiting the party from filing any additional documents without a member of the Florida Bar signing the document. The party appealed.
The appellate court affirmed, holding “Article I, section 21 of the Florida Constitution protects the right of access to courts. However, this right does not include the unlimited ability to appear pro se. See Attwood v. Singletary, 661 So. 2d 1216, 1216–17 (Fla. 1995). When a litigant ‘abuses the right to pro se access by filing repetitious and frivolous pleadings,’ he necessarily diminishes ‘the ability of the courts to devote their finite resources to the consideration of legitimate claims.’ State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999).” The court continued “Therefore, when necessary to ensure the timely review of other parties’ legitimate filings and to conserve the judiciary’s limited resources, a court has the ‘inherent authority’ to sanction an abusive litigant. Tate v. State, 32 So. 3d 657, 658 (Fla. 1st DCA 2010). Indeed, it is the court’s duty to do so. Golden v. Buss, 60 So. 3d 461, 462 (Fla. 1st DCA 2011) (‘It is well-settled that courts have the inherent authority and duty to limit abuses of the judicial process by pro se litigants.’). Under this inherent authority, a court may bar a litigant from appearing pro se when the litigant’s “frivolous or excessive filings interfere with timely administration of justice.”
While it may be tempting to save money by representing yourself in a Florida family law case, it is important to remember that sometimes that the damage done in not following proper procedures or doing things incorrectly can lead to more expensive consequences. Schedule a meeting with a Miami family law attorney to understand how a lawyer might help you save money in your case.