The Federal Limited Appearance Program
Offers Not Just Support,
But Hope

It takes true courage for a non-lawyer to muster their limited resources and know-how to file a lawsuit in pursuit of the justice they seek. Each year, thousands of pro se litigants avail themselves of the United States District Court for the District of Colorado by filing lawsuits asserting claims involving civil rights, employment, unfair credit reporting, and property-related claims, to name just a few. In 2024, the United States District Court for the District of Colorado saw 1,041 pro se cases filed out of 3,544 total civil case filings, meaning 29% of our civil case filings were by pro se litigants.

When we launched the Federal Limited Appearance Program (FLAP) in 2020 we had three goals: (1) provide pro se litigants with lawyers when appearing for scheduled non-dispositive hearings or conferences; (2) afford young and less-experienced lawyers with client contact and “stand up time” in federal court; and (3) assist the judges by having a lawyer involved in a court appearance to help facilitate both the court’s and the pro se litigant’s understanding of each other and the issues. Five years later, the program is meeting these goals and making a difference. As one pro se litigant said of the impact her FLAP volunteer attorney made in her case: “[W]hat the FLAP program provides is not only necessary, it is profoundly appreciated. What you offer matters. It is reaching the people who need it the most. And in my case, it offered not just support, but hope.”

FLAP is a volunteer-driven program developed by the District of Colorado and the CBA Young Lawyers Division. It is currently administered by CBA CLE and its FLAP Steering Committee. The committee consists of nine lawyers and one federal judge. The program is designed to bridge the gap between the limited-scope, out-of-court services provided by the Federal Pro Se Clinic and the full-scope pro bono representation facilitated by the federal Civil Pro Bono Panel. Specifically, FLAP aims to address the difficulty non-prisoner pro se litigants in civil litigation face in managing procedural and other non-dispositive matters in “real time.”

It works like this: FLAP provides pro se litigants with limited representation by a volunteer attorney during a scheduled court appearance. These appearances include scheduling conferences, status conferences, settlement conferences, and discovery and other non-dispositive hearings. These are intended to be “one off” opportunities for FLAP volunteer lawyers where they are appointed as counsel to represent the pro se party in that specific conference or hearing, and the judge grants the volunteer’s withdrawal of their appearance immediately thereafter.

“Our judicial system operates much less effectively or efficiently when people access it without legal representation, and certainly, when they fail to access it at all because they fear it or can’t afford it.”

Not only are these tangible opportunities for less experienced lawyers to develop and hone their litigator bona fides, but more impactfully, these are opportunities for lawyers to help facilitate access to justice and level the playing field for individuals who perhaps have yet to experience level ground. When I think about our pro se litigants having assumed the yeoman’s work of filing and pursuing a federal lawsuit on their own, for that individual, that lawsuit likely feels like the fight of their life. And for them, I imagine their lawsuit is all consuming because some combination of their mental or physical health, safety, wellbeing, dignity, or livelihood is at stake.

These pro se litigants are impressive in their efforts, even though their efforts are often misguided. They do their best to emulate lawyers, likely based on what they’ve seen on television and in movies. And despite mistakes, they earnestly attempt to get things right. They read the rules of civil procedure but struggle to understand them. They make efforts to follow courtroom decorum; to make legal arguments; to draft, serve, and respond to written discovery; and to appear for a discovery hearing or argue a motion. Things we take for granted as trained litigators. But these are things they struggle to understand and assemble based on what they only vaguely comprehend. Our judicial system operates much less effectively or efficiently when people access it without legal representation, and certainly, when they fail to access it at all because they fear it or can’t afford it.

I recall a pro se litigant who appeared before me in a case where she, an African American, sued her former employer for discrimination. I’ll refer to her as “Ms. Cook.” Based on various of her early filings in the case, it was clear that Ms. Cook did not know how to proceed after the defendant filed a motion to dismiss. So, I convened a status conference, as we often do in cases with pro se litigants. These status conferences present the judge with an opportunity to speak directly to the pro se litigant to get a sense of their motivations and misunderstandings. They also provide the litigant an opportunity to be heard, which is often a significant part of what they seek—simply to be heard.

As Ms. Cook sat in my courtroom, the fear on her face was palpable. As I spoke to her and explained the rules of civil procedure, judicial practice standards, local rules of practice, and upcoming deadlines and negative consequences of missing them (and so on), I watched Ms. Cook wipe at her face with the back of her hand. She appeared to wipe away tears with each explanation I gave. And then, when I explained other litigation “basics” to her, like her obligation to confer with opposing counsel before filing a motion and explained that her opposing counsel was an officer of the court with an obligation to treat her with respect and professionalism during those conferrals, I watched as she took a visible sigh of relief. I observed her shed a little more stress and a little more fear with this and each explanation I offered. And just before we adjourned, she broke a slight smile and thanked me for all the information.

After I recessed, I could only hope that Ms. Cook left that day feeling more informed and more empowered to navigate the judicial system. But I feared I had just conveyed an abundance of complicated information that by the time she left my courtroom she might only recall a fraction of it, if anything at all.

That’s where FLAP volunteer lawyers can make a positive impact and turn the tide toward advancing access to justice in our federal court. And our judges are grateful and supportive of the program and eager to have the involvement of FLAP lawyers in their cases. As Laura Wolf, a long-time FLAP volunteer attorney will next explain, the benefits of the program for pro se litigants and volunteers alike are immeasurable.

From the perspective of a longstanding FLAP volunteer, the program offers numerous benefits for attorneys seeking more one-on-one experience with litigants and in the courtroom. Most newer attorneys have few opportunities to speak with clients one-on-one, let alone to lead those conversations. Similarly, the majority of attorneys who handle court settings and oral argument are seasoned counsel. Volunteering with FLAP provides opportunities for newer (and seasoned) attorneys to sharpen their skills in both of these key areas.

Of course, the best way to learn more about FLAP and its advantages is to walk through the life of a FLAP appointment.

The Life of a FLAP Appointment – Through the Perspective of Laura Wolf

1. The Initial Call – An Opportunity to Meet and Discuss Expectations and Goals

I begin every FLAP appointment by contacting the litigant to introduce myself and to discuss their goals. Hearing directly from the client (particularly in a limited scope capacity) is a crucial part of any representation, as the client steers the ship. Further, while many of us assume all lawsuits are about money, it is rare that I find a FLAP litigant raise money as a goal, or certainly not a primary one. Understanding why this person went to the great lengths of filing a lawsuit, let alone to file one without an attorney, is not only a great way to get to know the litigant, but it will serve you in your representation.

During this initial conversation, I also make sure to expectation set – in particular, to discuss what I can versus cannot accomplish for the litigant and what my involvement in any upcoming FLAP appearance will look like. Because FLAP litigants are not a long-term client, I take a more collaborative approach to the hearings I engage in through FLAP. What that looks like in real time is checking in with the litigant throughout the hearing and allowing them an opportunity to make additional arguments beyond those I have made already or may be able to make on their behalf. For example, if a litigant wants to pursue an argument without legal or factual basis, I allow them to make those arguments directly while I handle other arguments on their behalf. Separately, it is important to ensure I’ve developed a full record for the litigant, which is why I always check in with them during the hearing, as I could otherwise miss a key argument they had otherwise planned to make. I set this expectation with the litigant from the outset to ensure they are comfortable with my approach and prepared for the hearing.

“Being reminded of what it’s like for people who are going through the process alone builds empathy and shapes understanding with our actual clients”

I also take time to discuss the litigation process more generally when we meet. Often, FLAP litigants feel like they are doing everything wrong and that the judicial system is against them. Being able to assure them that what they are doing is difficult and that any minute orders that seem particularly stern are actually quite normal often puts them at ease. Further, going through the life of a case can help the litigant set expectations with respect to the speed of a case and what next steps will look like after my representation has concluded. Having these conversations is not only beneficial for the litigant, but it has helped me gain experience in how to have these discussions with my own clients. This is especially important as many attorneys can easily forget that their client is scared and likely having a hard time understanding what is happening, assuming the client simply feels confident in their representation. Being reminded of what it’s like for people who are going through the process alone builds empathy and shapes understanding with our actual clients.

Finally, the last important point to make in any initial (and follow-up) call with a FLAP litigant is that your scope of representation is truly limited to the FLAP appearance, and the litigant is responsible to continue prosecuting their case on their own throughout and after that time. For example, I may be entering to assist in a scheduling conference while a response to a motion to dismiss is pending. In that case, the litigant is still responsible for handling the response brief while I am solely retained for the scheduling conference. As you can imagine, it is common for the litigant to ask you if you can assist them beyond the scope of the court appearance you entered on. This is a great opportunity to learn how to set boundaries, something that can be especially hard for newer (and even some seasoned) attorneys. And I’ve never once had a litigant get upset at me when I’ve explained that unfortunately I cannot do that, but that I am eager to help them with the part of their case for which I’m being retained.

Only after meeting with the litigant and ensuring we are on the same page do I then move to enter an appearance on their behalf. Not to worry, your representation is also covered by malpractice insurance provided through the Faculty of Federal Advocates. So, one thing I also do before entering an appearance is enter into a limited scope fee agreement, a copy of which is provided to FLAP volunteers for each appearance. (I also always go through the document with the litigant before sending it out for signature, but not to worry as it’s only two pages!)

2. Preparation for the Hearing – Learning the Life of a Case and How to Collaborate

Once the court accepts my appearance, I begin working to prepare for the hearing. This begins with downloading the docket report and pertinent filings from PACER. The FLAP program provides a free log-in for volunteers to use so that accessing the materials comes at no cost. Preparation – i.e. reading the docket report and pertinent filings – typically takes me about an hour or two, depending on the complexity of the hearing and the stage of the case. (In rare and particularly complex cases, it can take longer. These types of settings, however, are only offered to seasoned FLAP volunteers.). Of course, work of this nature is useful for an attorney in any stage of their career, but especially newer attorneys who are less familiar with docket reports and the variety of arguments that can appear in the life of a case. Even more, you can definitely find good case law for other cases of yours while handling a FLAP appearance; I’ve had it happen twice in just the last few months. As I say, no good deed goes unrewarded. (Yes, I actually do say this.)

When I’ve concluded my initial preparation, I schedule another call with the litigant to go over my view of the filings and to discuss how I plan to handle the hearing. I make sure to get input and approval from the litigant as to any substantive arguments I plan to raise. Don’t forget that this is their case; once your appearance is done, they’re still in the case for the long haul. Thus, it’s imperative they are on board with the approach you plan to take or, if not, that you either follow their directive or step back and allow them to argue that portion of the hearing on their own. Having these discussions is great skill-building in terms of learning how to distill information and present it to a lay person, a crucial skill for other areas of our professional lives, such as trial. Further, it is helpful in recognizing that our role is one of support, not taking charge. All too often, lawyers have a false impression that a case is theirs and theirs alone to strategize. While full-time clients typically follow the lead of their counsel, it is important to learn to actively collaborate with and follow the lead of your client in a FLAP appointment (and, in my view, in all forms of representation). FLAP appointments are a great opportunity to learn how to take a step back, seek input, and listen.

3. The Appearance – Opportunities to Speak in Court Plus Building a Positive Reputation

Finally, the day has come for the appearance itself, where you get to stand up in court and argue on behalf of the litigant. I imagine civil litigators envisioned many more moments like this when deciding to enroll in law school than they actually experience in practice. I certainly did. And while I did not necessarily revel in the idea of being in court – it has always equally excited and terrified me – handling FLAP appearances was critical in my development as a litigator. After taking on just a few FLAP appearances, I found myself eminently more confident entering a courtroom and interacting with judicial officers. And guess what? The judges are also grateful. Which means that not only are they incredibly gracious and patient as you (possibly) stumble through a hearing, but they may remember you in future cases and extend the same courtesy to you down the road.

And again, my biggest takeaway with respect to hearings is to consistently check in with the litigant to ensure you are representing their positions accurately and adequately. Not only does this build collaboration and listening skills, but it is helpful for the judge to see that the litigant has had every opportunity to make a record. And you, meanwhile, get to test out different approaches to presenting your position, making a legal argument, and responding to opposing counsel.

4. Conclusion of Representation

Once the hearing is over, you need to have your last call with the litigant. This time, it is to explain that you will be moving to withdraw from representation and to remind the litigant of their ongoing obligation to prosecute their case without your assistance.  This is usually the time that the litigant expresses just how grateful they are to you. And, at least in my experience, it’s not just about the work you’ve put into their case, but also (and most importantly) for having truly listened to them and given them a real voice in the process.

If you’re anything like me, you went to law school wanting to advocate for the “little guy.” But don’t forget that the “little guy” can also advocate for themselves. What they really need is someone to listen to them (really hear them) and give them the tools to succeed. And by offering your services through the FLAP program, that is something you can do with minimal time and effort but maximum impact.

As the late Rev. Dr. Martin Luther King Jr. once said: “No work is insignificant. All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence.” FLAP offers just such an opportunity: the opportunity for less experienced lawyers to perform the significant, dignified, and important task of uplifting the humanity of pro se litigants while simultaneously developing and honing their own base line of experience and skill in the practice of law.

About the Authors

The Honorable S. Kato Crews was appointed a District Judge for the U.S. District Court for the District of Colorado in January 2024. Before this appointment, he served as a magistrate judge on the same court from 2018. Judge Crews’ earlier career as a trial lawyer spanned a variety of settings: as a founding partner of a small law firm, a partner at a large law firm, and an attorney with the U.S. National Labor Relations Board. He also jointly founded the Federal Limited Appearance Program (FLAP).

Laura B. Wolf is a graduate of Harvard Law School who has devoted her career to advocating for individuals suffering from abuses of their civil rights. Laura graduated cum laude from Harvard Law School in 2013 and served as a judicial clerk for the Honorable R. Brooke Jackson on the United States District Court for the District of Colorado. She worked at a prominent civil rights firm in Denver from June 2015 until she left to start her own practice in May 2020.