This is similar to the previous point. In a post, What Kind Of Pro Se Litigant Are You?, I discussed five types of pro se litigants. The least effective is one lacking in confidence. Many pro se litigants lose early by simply not showing up for court. Many more lose at the first hearing. With a lawyer on the opposite side and a robed judge on the bench, the average person is bound to feel as if they can’t succeed. Don’t let that feeling rule your actions. Lacking confidence, you might be tempted to ask advice of your opponent’s lawyer. He’s not your friend. Where a judge is concerned, ask for clarification about a ruling, not for advice about your case. In the face of uncertainty and fear, don’t give up. Keep going and learn. Simply getting to the next step, the next hearing, or the next motion is a victory. The longer you stay in, the more confident you’ll be.
In one study, researchers identified almost 200 discrete tasks that self-represented litigants must perform in civil cases – from finding the right court to interpreting the law, filing motions, compiling evidence and negotiating a settlement. Some of these tasks require specialized knowledge of the law and of the court system. Almost all require time away from work and caring for children. Many also require the ability to get to the courthouse, to read and to speak English or access a translator.
I don't know what type of case you have or what is at stake, financially or otherwise, but if you are suing somebody or something for money, the only time you should even consider representing yourself pro se is when you are seeking a small amount of money, as in perhaps less than 4 or 5 thousand dollars, and you have a small claims court in the location or venue where you want to sue, and the other side is not represented by legal counsel.
Not surprisingly, this disparity in legal knowledge and skill on the part of pro se litigants produces a host of unique problems for the courts and the bar in general and, in particular, for trial counsel. Nevertheless, despite the many challenges they bring to the table, pro se litigants are here to stay, and their numbers are steadily growing. According to the National Center for State Courts, the number of pro se litigants in civil cases continues to rise, and there is every reason to believe this trend will continue. https://www.ncsc.org/. In fact, the number of annual non-prisoner pro se filings each year in federal courts alone tops about 25,000 and constitutes a significant section of the federal caseload. Jefri Wood, Pro Se Case Management for Nonprisoner Civil Litigation (Fed. Judicial Ctr. Sept. 28, 2016).
As suggested by previous research (Crocker et al., 2008), we tested whether changes in single item measures of “loving” and “connected” collected before and after the self-affirmation writing (Figure Figure11) could explain how self-affirmation increased helping behavior to the self-collapse incident. Our findings did not support a loving feelings or a feelings of connection mechanism for pro-social behavior; there were no significant self-affirmation condition differences on change in the single items “loving” [one-way ANOVA: F(1,50) = 1.72, p = 0.20] or “connected” [one-way ANOVA: F(1,50) = 0.34, p = 0.56], or the combination of “loving” and “connected” [one-way ANOVA: F(1,50) = 1.28, p = 0.26; pre-writing α = 0.74 and post-writing α = 0.75]. Specifically, there were no differences in post-pre-writing change in feeling “loving” between the self-affirmation (M = -0.08, SD = 0.81) and control (M = 0.22, SD = 0.85) groups, or feeling “connected” (self-affirmation: M = -0.04, SD = 0.89; control: M = 0.11, SD = 0.97; Figure Figure11).
There are some notable records of pro se litigants winning more than $2,000 as plaintiffs: Robert Kearns, inventor of the intermittent windshield wiper who won more than $10 million from Ford for patent infringement; Dr. Julio Perez (District of Southern New York 10-cv-08278) won approximately $5 million in a federal jury trial from Progenics Pharmaceuticals for wrongful termination as a result of whistleblowing; Reginald and Roxanna Bailey (District of Missouri 08-cv-1456), a married couple, who together won $140,000 from Allstate Insurance in a federal jury trial; George M. Cofield, a pro se janitor, won $30,000 from the City of Atlanta in 1980; and Jonathan Odom, a pro se prisoner, who while still a prisoner, won $19,999 from the State of New York in a jury trial. Timothy-Allen Albertson, who appeared in pro. per., was awarded $3,500 in 1981 in a judgment by the San Francisco Municipal Court entered against the Universal Life Church for defamation by one of its ministers.
A judge may engage in extrajudicial activities, including law-related pursuits and civic, charitable, educational, religious, social, financial, fiduciary, and governmental activities, and may speak, write, lecture, and teach on both law-related and nonlegal subjects. However, a judge should not participate in extrajudicial activities that detract from the dignity of the judge’s office, interfere with the performance of the judge’s official duties, reflect adversely on the judge’s impartiality, lead to frequent disqualification, or violate the limitations set forth below.
When you go into a foreign country and want to communicate with the inhabitants, you have to talk THEIR lingo. Courtrooms are a foreign country and they have their own language. "Complaint language" (or "law talk") is what they call it. If you don't use it in your pleadings (that's what documents you file with the court are), you will not only not be listened to and taken seriously, you will not be HEARD. They will literally not SEE the words on the page if they are not written in their "language."
Forgoing the narratives of the sea that prevailed in his earlier works, Melville's later fiction contains some of the finest and many of his keenest and bleakest observations of life, not on the high seas, but at home in America. With the publication of this Library of America volume, the third of three volumes, all Melville's fiction has now been restored to print for the ...more
The civil legal needs of both low- and moderate-income individuals in the United States are not being met.2 The need for legal assistance by over one hundred million people in this country is dire.3 Today’s courts look nothing like the ideal. Around the country, state and federal courts regularly encounter pro se litigants: that is, litigants without attorney representation.4 When opposed by an adversary with a lawyer, litigants representing themselves often lose even when the merits of the case favor them. The imbalance leads to injustice.
It was very nice of Kenn to share all that esoteric knowledge regarding the litigation process. I think most lawyers would only be interested in non disclosure of their dirty tricks, so many thanks to Kenn. I have not made the decision of going pro se, but even if I don't, the book is still worth to read to attain some understanding of what is going on behind the scenes in one's lawsuit.
The plaintiff has to present quite a lot of evidence in order to meet its burden of proof. This evidence is often difficult or expensive for the plaintiff to produce. If your debt is old, or if it has been bought and sold multiple times, evidence of your debt may not exist at all. It is almost always much easier and cheaper for the plaintiff to negotiate a settlement with you than to come up with all the evidence needed to meet the burden of proof. That is why the plaintiff will nearly always want you to agree to a settlement.
It's an uphill climb! Particularly, when your adversary has a thorough understanding of the rules of evidence, and procedure. You may get some latitude from the court as a pro se, but you may not, as it is up to the judge. Either way, the better question is why don't you have a lawyer on your side? Is it because some lawyers have not seen enough strength in the facts and law in your case? If that's the case, then you have an even steeper climb as you have a difficult case to prove, let alone that it's against a seasoned "high profile" lawyer. If you haven't consulted with an attorney, please do so before you do anything further as a pro se, and perhaps jeopardize your claim irreparably.
The “Legal Services Lawyers” metric includes attorneys from ALAS (in Clayton, Fulton, Cobb, DeKalb, and Gwinnett counties) and GLSP (outside the five-county metro Atlanta area served by ALAS). For the ALAS counties, the number of Legal Services Lawyers serving a given county reflects both attorneys assigned to that county and a portion of the 22.5 ALAS attorneys not assigned to a particular county; for example, Cobb County has 6 ALAS lawyers, but its total includes 1/5 of the program-wide attorneys for an additional 4.5 attorneys. By contrast, GLSP attorneys are assigned to a particular region of the state and serve several counties (e.g. attorneys from the Albany-Valdosta office service 29 counties). Thus, outside the five-county metro area, the Legal Services Lawyers total for a particular county includes GLSP lawyers who also serve other counties. GLSP totals for a given county do not include 7 statewide attorneys or the 2 attorneys serving farmworkers throughout the state.
Remember this phrase: Litigation Privilege. The phrase has a formal meaning, but in layman’s language it means that lawyers can do just about anything, especially to a self-represented litigant, to protect their clients. They can lie, steal, cheat–and kill if they could get away with it–to win. Lawyers don’t always need tricks to defeat pro se litigants, but they try them anyway. They can scare defendants into paying more than they owe or settling for far less than they deserve. They’ll use a request for admissions to make pro se litigants “admit” to undeserved liability by not answering. Some will even attempt to keep away your court reporter by lying to you or to your court reporting agency. So keep your eyes open when you’ve cornered a lawyer. Chances are, there’s a trick coming, and when it does, don’t let your emotions get the best of you. Stay focused on your case. Reacting in anger by moving for sanctions, writing letters to the judge, reporting lawyer behavior in a hearing, or moving to disqualify a lawyer makes thinking and strategizing difficult. That’s not to say certain issues shouldn’t be addressed. If you must take an issue head-on, like moving for sanctions, do it strategically so you’ll get the most out of it. Otherwise, only address lawyer antics and judicial bias when it hurts your case, not when it hurts your feelings.
We hypothesized that self-affirmation would increase feelings related to self-compassion, and that these feelings would mediate the effects of self-affirmation on increased pro-social behavior to a laboratory shelf-collapse incident (Study 1). In Study 2, we tested the specificity of self-affirmation on compassion, predicting that self-affirmation would increase feelings of self-compassion but not other-directed compassion in evaluating a mildly embarrassing video (their own “self” video vs. a peer “other” video). As previous studies indicate that self-affirmation may be particularly effective at buffering threats to participants who are the most resource deficient (e.g., among ego-depleted participants: Schmeichel and Vohs, 2009; participants with high levels of anti-social behavior: Thomaes et al., 2012), we hypothesized a moderating role of trait self-compassion in Study 2, such that self-affirmation would be more likely to increase self-compassionate feelings (to watching the “self” video) among participants who had pre-existing low levels of trait self-compassion.
He is able to do this because he embodies a particular contradiction regarding the need for trust in a market society. At both ends of the novel, in the confidence-man’s first and last guises, he meets a barber who has a sign saying NO TRUST—that is, pay up now, not tomorrow. This message is what the confidence-man argues against. One must always trust, extend it to all the world, he says. As a deaf-mute in the first chapter, he holds up a series of Corinthians-derived morals on charity—“Charity thinketh no evil” and so on—which strike the watching crowd as bizarre, while the barber’s sign elicits no comment. It’s clear why a barber who cut hair on credit would be risking a close shave. In his final costume, that of a garishly dressed and pompous universalist “Cosmopolitan,” he strikes up an argument with the barber. “Better cold lather, barber, than a cold heart. Why that cold sign?” One must trust mankind, he says.
Defendants who choose to appear pro se may do so because they believe they may gain tactical advantages against the prosecutor, such as obtaining sympathy from the jury, the opportunity to personally address the jury and witnesses. Pro se appearances may also delay the trial proceedings and enhance the possibility of a mistrial and a subsequent appeal.