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How had the court's perception of pro se litigation improved in recent years?
5 comments
Greg
Greg B. • Darella,
I can only speak from my experience. If you walk in prepared, knowing the applicable law and rules, I have been treated the same as any attorney. After a couple of motions and hearing I have had judges ask when I retired as an attorney. they are more than a bit surprised to hear I have never been one.
One Partner in a law firm tried to hire me after a long and tough hearing on a motion to compel discovery (I won). She and her partner thought I was an attorney.
I have to say I have not been ever treated unfairly by a judge. In fact the opposite is true.
My first jury trial I made a procedural error on a document entering it into evidence, minor but the other side screamed like a wounded rabbit.the Judge said he would allow it into evidence " I was pro Se and deserved some latitude.
I also have had my butt chewed by Judges, but no worse than any attorney. Cant say it was not deserved as I was pushing pretty hard!
I think it is all in knowing the rules and law. show a judge you are equal to any attorney and they will treat you as one.
One advantage I have discovered as a pro se is you are a wild card to the other side. they can not predict what you will do--you want to win---not make billable hours.
For most attorneys it is a business, it is not about winning.
I can only speak from my experience. If you walk in prepared, knowing the applicable law and rules, I have been treated the same as any attorney. After a couple of motions and hearing I have had judges ask when I retired as an attorney. they are more than a bit surprised to hear I have never been one.
One Partner in a law firm tried to hire me after a long and tough hearing on a motion to compel discovery (I won). She and her partner thought I was an attorney.
I have to say I have not been ever treated unfairly by a judge. In fact the opposite is true.
My first jury trial I made a procedural error on a document entering it into evidence, minor but the other side screamed like a wounded rabbit.the Judge said he would allow it into evidence " I was pro Se and deserved some latitude.
I also have had my butt chewed by Judges, but no worse than any attorney. Cant say it was not deserved as I was pushing pretty hard!
I think it is all in knowing the rules and law. show a judge you are equal to any attorney and they will treat you as one.
One advantage I have discovered as a pro se is you are a wild card to the other side. they can not predict what you will do--you want to win---not make billable hours.
For most attorneys it is a business, it is not about winning.
Michael Henri;
Michael Henri; G. • I'm
involved pro se w/ a suit against a city police officer, and his
perjured testimony, here in alaska.I've just recently been made aware of
private Party Attorney General.
a term, that should be researched, I did it's amazing!!
a term, that should be researched, I did it's amazing!!
Jurisdictionary
Jurisdictionary .. • Beware
of the "private party attorney general" scheme. The only attorney
general with any "legal" power is the one duly appointed by law ... not
just anyone. It's so much easier and wiser to LEARN "How to Win in
Court" according to established rules, rather than jumping at the first
too-good-to-be-true sounding scheme you discover on the internet.
http://www.Jurisdictionary.com
http://www.Jurisdictionary.com
albert
albert C. • well,
years ago, I worked for a post conviction project and was a lay person
for the innocent and they let me sit and help and explain motions, Fed
court. Fed Magistrate Bradbury in Newport News Va was by the book, the
facts and law will prevail,(i.e. fair) (that was only within the scope
of what I was involved). However, in South Carolina once "winning,"
going past my lawyers in Beaufort County SC, the state court, after
winning a case "fast" I have been prejudiced and black balled, orders
are made and mailed to opposing counsel, not me, my name was forged to
put me into a contract by Identity thieves, who got themselves into a
informant potion for the drug task force, Clearly, this has been
ex-parte among the "local" and being pro se has been a problem, they
want a lawyer, most play the game here "give you away" so that lawyer
will make sure you case and witnesses never get heard. I have sat and
watched, they'll let some who don't know the law or what they are doing
be heard, and "kindly" depose of them (and it's usually correct because
they have no case, or don't know what facts are needed to win) If in
this area, they treat you like something stuck to the bottom of their
shoe. I believe that most of the judges only know the way things are
done "and" don't know the "real" law very well. One of the judges I had
dealt with when she was an attorney, opposing, I showed her how she
could get a settlement without manufacturing perjury, they used my
suggestions then forced my insurance Co to kick in extra money anyway,
now this person is a judge. I know what she is capable of first hand.
Art
Art H. • I
have to agree with Greg Bobbs. As long as a lay person has done their
homework and doesn't go at it unprepared, they should expect to be
treated fairly. However, Judges don't have time to baby sit lay people
who have no desire to learn and apply the rules of procedure and local
rules of the court. They can't help a lay person win their case
prejudicing the opposing side....that's just not fair.
However, lay people should always be aware that when they are not represented by an attorney, opposing attorneys can play tricks and some may be involved in ex parte communications with the judge. Assume that most judges and attorneys play by the rules. Judges should always be fair and neutral. Attorneys work for their clients and they're in it to win it. They will high a much higher degree of confidence against a lay person....but a lay person who appears to know what they're doing will reduce that level of confidence. The best defense is a good offense....and jurisdictionary provides an excellent resource for getting a lay person up to speed in a short period of time.
However, lay people should always be aware that when they are not represented by an attorney, opposing attorneys can play tricks and some may be involved in ex parte communications with the judge. Assume that most judges and attorneys play by the rules. Judges should always be fair and neutral. Attorneys work for their clients and they're in it to win it. They will high a much higher degree of confidence against a lay person....but a lay person who appears to know what they're doing will reduce that level of confidence. The best defense is a good offense....and jurisdictionary provides an excellent resource for getting a lay person up to speed in a short period of time.
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Defend Yourself
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