Jennifer's Laws · IV. Rights and Equal Standing of Self-Represented Litigants
J-Law 35 — The Lawyers' Game Binds Only Lawyers
The legal system's internal rulebook — its courtroom etiquette, local rules, standing orders, customs, and protocols — is the rulebook of a game designed by attorneys, for attorneys. Its formal authority extends only to officers of the court, who swore into the game and profit from playing it. A person who never joined the profession is bound by the law itself and by nothing else. No one shall ever be penalized, defeated, or denied justice for declining to play the profession's game.
The legal system operates as a game designed by attorneys, for attorneys. Its rules exist for assorted reasons — some for genuine efficiency, some as the personal preferences of a particular judge, and some as swords and shields available to be wielded on behalf of a favored attorney when the moment calls for it. Members of the bar studied this game for years, agreed to its terms when they took their oaths and licenses, and profit from playing it. The game is theirs.
Everyone else in the courtroom never agreed to play. A person who was seriously harmed, or who stands accused of harming someone, arrives seeking one thing: justice. Instead she discovers that reaching a jury of her peers requires mastering an elaborate rulebook of customs, formats, protocols, and preferences — and that a wrong move in the game can defeat her regardless of the truth of her case. Conditioning justice on skilled play of a game the seeker never joined is unacceptable on its face. The path should be simple: tell the jury what happened, show the evidence, receive a decision, and move on with life.
Members of the bar who enjoy the game remain free to play it among themselves, with every rule intact and formally binding. Those who chose never to join the profession owe the profession's rulebook nothing beyond what actual law requires. Confining the rulebook's authority to the officers of the court who wrote it, swore to it, and profit from it restores the game to its rightful players — and restores the courtroom, for everyone else, to what it was always supposed to be: a place where the law is applied to the facts, never an arena where protocol defeats truth.
The expected counterargument: exempting non-attorneys from local rules and standing orders will produce disorder, with every courtroom running two sets of procedures. Actual law — statutes, constitutional requirements, and rules of evidence — continues to bind everyone, so the disorder scenario confuses the profession's customs with the law itself, a confusion this J-Law exists to expose. What becomes optional for non-attorneys is the layer of guild convention: formatting preferences, courtesy-copy customs, protocol minutiae. Courts already navigate differing obligations among participants daily — witnesses, jurors, attorneys, and parties all operate under different rules in the same room without chaos. The tell inside the objection is its implicit admission that the game's rules are load-bearing for outcomes; a system in which justice depends on protocol compliance rather than on facts and law has confessed the problem, and defending the protocols defends the confession.
