Settlement Assistance Program for Pro Se Litigants

Through the Settlement Assistance Program for Pro Se Litigants (“SAP”), the judges of the U.S. District Court for the Northern District of Illinois may assign a volunteer attorney to assist a pro se party in settling -- rather than litigating -- their case at no cost to the pro se party.

The Chicago Lawyers' Committee for Civil Rights locates attorneys who wish to provide free legal assistance to pro se parties regarding settlement of their cases, including attending and assisting with settlement conferences conducted by District Judges or Magistrate Judges of the Court. Once an attorney expresses interest in assisting the pro se party, he or she is assigned to the case by the judge. Assistance under the SAP will be limited, however, only to efforts to settle the case and will not extend to any other part of the litigation process. In other words, the attorney assigned to assist the pro se party with settlement will not file or respond to pretrial motions or discovery requests or prepare the case for trial.

The assigned attorney will confer with the pro se party, evaluate the case and advise the pro se party of the strengths and weaknesses of the case, discuss the damages permitted by law and the consequences of settling, and help determine the settlement value of the case. The volunteer attorney will draft a letter that makes a specific settlement demand and sets forth the rationale for the demand. Finally, the volunteer attorney will assist the party in preparing for the settlement conference, represent the pro se party at the settlement conference, and, if the case is settled, finalize a settlement agreement and corresponding motion to dismiss. If the case does not settle after diligent efforts, the volunteer attorney can ask the court to be relieved of his or her duties and the pro se party reverts to pro se status.

A pro se party who has been denied trial counsel by the court, or who is interested in pursuing settlement rather than full-blown litigation can ask the District Judge or Magistrate Judge to assign counsel through the SAP for the limited purpose of achieving a settlement. Seeking SAP counsel early avoids the stressful, time-consuming and burdensome process of written discovery requests and responses, depositions, motion practice and trial preparation. Having counsel to assist the pro se party in a settlement conference allows the party to secure a quicker, confidential resolution to the dispute. The pro se party is not guaranteed that an attorney will be interested in assisting with their case, but usually a volunteer is located.