“The assumption that a vast majority of pro se suits lack merit is primarily based upon a conception of the legal market as an accurate filter for unmeritorious cases; good claims attract representation, while bad ones do not. Under this theory, ‘the fact that no lawyer is willing to take on an action for damages suggests that someone knowledgeable about the law has looked at the matter and concluded that the plaintiff is unlikely to prevail.’ However, this argument does not accurately capture the reasons that individuals forego representation, as it assumes that lawyers always accept ‘good’ cases presented to them and that any litigant would accept representation if made available. Neither of these assumptions holds water.”
Source: Rory K. Schneider. The Illiberal Construction of Pro Se Pleadings. University of Pennsylvania Law Review 159:585, 594. 2011.
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