Wednesday, January 5, 2011

The Pro Se Problem

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This mid-week Tips & Tactics will give you some insight into problems pro se people are running into and also show that pro se people are winning ... more and more!
Going to court without a lawyer is more common than you might imagine. There is a definite trend in the U.S. for more people to fight without lawyers.

An American Bar Association study is reported to show nearly 1/2 of all pro se people believe lawyers care more about their own self-interest than their client's rights.
If you go by calls and emails Jurisdictionary receives, there's good reason for this! Lawyers who bail at the last minute. Lawyers who don't really know what they're doing. And, worst of all, lawyers afraid to pull judges' chains and demand justice, instead of currying favor with the bench.

An estimated 60% of pro se people say they can't afford a lawyer, and 20% of pro se people say they simply don't want to spend the money.

About half of all legal actions in the U.S. involve at least one pro se party. That's a lot of good folks who need more case-winning lawsuit know-how ... since none of us were taught anything at all about justice in public school.

It's a real problem, and it's growing worse each day!

Ever ask yourself, "Why weren't we taught anything at all about justice in our tax-supported schools?"
Who is keeping it all a secret?

As I learned in my 25 years of practice as a lawyer, the answer is usually found when you "follow the money"! Who benefits from your legal ignorance?
You have a Constitutional right to get justice.
You have a Constitutional right to win pro se!
BUT!
Pro se people often do not get justice.
Why?
Really! Go with me here, please!
We at Jurisdictionary hear from a lot of folks claiming there's a judicial "conspiracy" against pro se litigants, but let's examine a few facts:
  1. Most pro se people don't know the rules.
  2. Most pro se people don't know how to prevent the lawyer on the other side from playing tricks with the rules.
  3. Most pro se people make assumptions about what is "admissible evidence" and stuff that isn't.
  4. Most pro se people don't know how to draft their pleadings or motions properly.
  5. Most pro se people don't know why it's important to write proposed orders for the judge to sign.
  6. Most pro se people don't know why, when, or how to make effective objections in court.
  7. Most pro se people don't understand what facts are critical to winning a case and what facts are of no consequence but only muddy the waters with court-confusing insignificance.
  8. Most pro se people don't know why it's so vitally important to cite controlling appellate cases in support of their pre-trial and trial motions.
  9. Most pro se people don't know how to arrange for a written transcript to be made of all proceedings before the court, so they can control the judge.
  10. Most pro se people waste valuable court time with non-essentials, fail to appreciate the needs of others who have their own problems to bring before the court and, as a consequence, tend to make judges dread pro se cases.
BUT!
Pro se people who know what I explain so simply in the official Jurisdictionary step-by-step 24-hour course are winning and even getting compliments from judges and even opposing lawyers ... because they do it right!


Consider this: If you and friends were playing a game of basketball, and some bystander came along who wanted to play but didn't know the rules ... how would you feel when he or she kept fouling and then arguing about his or her right to do as he or she pleased?
Put yourself in the judges' robes!

Many years ago, after winning a motion, an older judge asked me to stay behind after the parties left. He took me aside and said simply this: "I want you to know that the case just before yours was about a little girl who's grandfather thought it sport to extinguish cigars on the little girls legs." I never forgot that moment. He wanted me to know just how serious other people's cases are and how serious his job was.

Not all judges are "against" pro se people "just because they are pro se". Most of the judges I knew in my 25 years were good people who cared about other people and did their best to guarantee justice according to the rules.

Pro se parties who know the rules and how to use them the way my Jurisdictionary step-by-step 24-hour course makes so easy-to-understand don't waste the court's time and, as a result, get justice more often than not!


Remember: It does no good whatsoever to complain.

The difference between winners and losers is the fact that winners make an effort to learn the rules and how to use them to win!

If you want to make it complicated and muddy the pond with all kinds of nutty arguments, you can do so, make the judge angry, and lose when your "evidence" isn't admitted because it isn't "admissible evidence", etcetera.

You can demand your Constitutional Rights, instead of learning about causes of action and their elements that win lawsuits, and you will lose.

You can refuse to learn the rules of evidence and the rules of procedure and go to court with silly arguments and lose.
But!

If you want to win, get my affordable Jurisdictionary step-by-step 24-hour course now and master the case-winning strategies and tactics I used for 25 years as a case-winning lawyer in state and federal courts.

There is only ONE "Official Jurisdictionary" course!

If you're paying a lawyer, know what your lawyer should be doing to earn his fee and win your case.
If you don't have a lawyer, know what you must do to force the judge do what's right and prevent the lawyer on the other side from cheating.

It's that simple.

My affordable, popular, official Jurisdictionary 24-hour step-by-step lawsuit course will show you how to write powerful pleadings, how to draft and argue motions, how to object in court, how to get admissible evidence into the record, how to prevent the other side from getting lies into the record, how to do legal research, how to compose your legal arguments, and much, much more.


You'll learn how to avoid filing an answer by moving the court to dismiss or strike the complaint or require a confusing or poorly-worded complaint to be re-written.
You'll learn how to use effective discovery tools to force the other side to produce facts that may lead to admissible evidence.

You'll discover how to move the court and demand that the judge enforce your legal rights.
In short, you'll learn how to save money, maximize your winning power, and resolve conflicts peacefully and profitably ... according to the rules!
________________________________________

Dr. Frederick David Graves, JD