1.6​Pro Se Litigants

In both civil and criminal cases, a party has a right to represent himself or herself. Const 1963, art 1, § 13. See also MCL 600.1430 and MCL 763.1.

Committee Tips:

No special warnings or cautions are required. However, it is good practice to caution the pro se litigant that he or she has a right to consult with and be represented by an attorney and that he or she should not expect special treatment because he or she is a pro se litigant.

The court may reference particular statutes, court rules, or rules of evidence that may have significance in a particular case.

Explain to a pro se litigant that he or she does not have to testify, but if testifying, he or she may be subject to cross-examination.

Although a party has a right to represent himself or herself, an individual may not represent another person or entity. For example, a corporation can only appear through an attorney. Peters Production, Inc v Desnick Broadcasting Co, 171 Mich App 283, 287 (1988). Also, a minor’s next friend cannot act as the minor’s attorney unless he or she is an attorney. Marquette Prison Warden v Meadows, 114 Mich App 121, 124 (1982). Finally, a personal representative may not represent an estate. Shenkman v Bragman, 261 Mich App 412, 416 (2004).

“[A] person who represents himself or herself cannot recover actual attorney fees even if the pro se individual is a licensed attorney.” Omdahl v West Iron Co Bd of Ed, 478 Mich 423, 432 (2007). This is because the phrase actual attorney fees requires that an agency relationship exist between an attorney and the attorney’s client and that a fee for the attorney’s services be a sum of money actually paid or charged. Id. at 428, 432. An award of actual attorney fees requires that an attorney be acting on behalf of a client separate from the attorney. Id. at 432.