Pierre loves his mother like a sister, his sister like a wife, and his ex-fiance like a cousin. Plus two romantic friendships with a male cousin and boyhood friend. This is an insane book, beautifully written, poetic and philosophical, with one of the most sudden, craziest feel bad endings I've seen since Dostoevsky's The Demons. In the last few chapters there is one murder, two suicides, and one death by shock/heartbreak.
There is every reason to believe that the number of pro se litigants involved in litigation in federal and state courts will continue to rise in the coming years, especially given the courts’ focus on increasing access to pro se parties. Along with this increase, the challenges facing the judicial system and trial counsel involving unrepresented parties will continue to rise, requiring increasingly careful consideration. However, armed with the best practices, trial counsel can help alleviate some of the challenges both sides of the aisle face.
One last word on this topic: Just because a person or business is broke does not necessarily mean pursuing a judgment is pointless. The future is uncertain. A person can eventually inherit money, start a successful business, or sell off property. Depending on the state, judgments may be valid for 10-20 years, and can often be renewed. The big question is: How long are you willing to wait to recover your money… if ever?
Participants were told that the purpose of the study was to investigate the effects of mood on language use. Participants completed a two-part self-affirmation manipulation and a pre- and post-affirmation state affect checklist. Following standard procedures for manipulating self-affirmation (Cohen et al., 2006; McQueen and Klein, 2006), participants rank-ordered a list of 11 values (e.g., artistic skills, independence) in terms of their personal importance. Participants were then randomly assigned to write for 3 min about their top-ranked value and why it was personally meaningful (self-affirmation condition) or why their bottom-ranked value might be important to someone else (control condition). Affirmation and control writing sheets were pre-randomized and administered so that only subject number and instructions were visible to experimenters, thus blinding them to study condition.
17See Self-Represented Litigation Network, “Model Code of Judicial Conduct Provisions on Self-Represented Litigation: Options for Alternative Comment Language Prepared in Support of Potential State Activity in Response to 2012 Resolution 2 of the Conference of Chief Justices and the Conference of State Court Administrators” (Williamsburg, Va.: National Center for State Courts, 2013).
The inconsistent character embodies a contradiction that isn’t just a jumble but a tension that can resolve into something else. The confidence-man is trust and mistrust at once, a number of different people in one, an impossible ability to transform—and also the exact symbol of an emerging market society, the no-man and everyman you need to both trust and mistrust in order to exist under capitalism. But, in another intrusion, Melville asks:
For this intimate, girls' eye view of the world, Orenstein spent months observing and interviewing eighth-graders from two ethnically disparate communities, seeking to discover what was causing girls to fall into traditional patterns of self-censorship and self-doubt. By taking us into the lives of real young women who are struggling with eating disorders, sexual harrassment, and declining academic achievement, Orenstein brings the disturbing statistics to life with the skill and flair of an experienced journalist. Uncovering the adolescent roots of issues that remain important to American women throughout their lives, this groundbreaking book challenges us to change the way we raise and educate girls.
Study 2 provides a first indication that self-affirmation increases feelings of self-compassion using an established storytelling task-based measure. This result was specific to self-compassion; self-affirmation did not affect other-directed feelings of compassion toward a peer video. Moreover, the effect of self-affirmation on feelings of self-compassion was moderated by trait self-compassion, such that self-affirmation boosted feelings of self-compassion toward the storytelling video in those who were low in trait self-compassion. These findings help clarify the Study 1 findings where it was unclear whether the compassionate feelings encouraging helping behavior were directed at the self or directed out toward others. Here we find evidence that self-affirmation fosters compassionate feelings for the self but not toward a peer, which is consistent with the self-compassion account. However, the use of a single confederate video may not have been optimally matched to real participants’ self videos, perhaps differing on unmeasured variables despite our best efforts to film this peer video under matched conditions (the female research assistant in the video had no chance to practice or provide multiple takes, and was similarly embarrassed during the task as the study participants).
Oftentimes, self-represented litigants become reactive when there’s a lawyer on the other side. Instead of getting ahead of things or running their own case, they let the lawyer take the lead. They spend so much time responding to discovery requests, summary judgment motions, motions to dismiss, and other filings that they don’t formulate a strategy of their own. They don’t do their own discovery or object to certain requests because they’re swamped and often intimidated. So, they’re always behind and in a constant reactive state. If a wise opponent sees how reactive you are, they can walk you right into an error. So, take control of your case. Never let a lawyer think that he’s in charge of it.
The required briefs, memoranda of law, motions, and pleadings are governed by rules that can be difficult for untrained individuals to comply with.6 Courts sometimes sanction unrepresented litigants who are ignorant of the law or become too emotional in the courtroom for not complying with court rules or for frivolous litigation.7 For these reasons and others, a litigant without an attorney is much more likely to fail than one who is represented.8
Canon 3C(1)(c). In a criminal proceeding, a victim entitled to restitution is not, within the meaning of this Canon, a party to the proceeding or the subject matter in controversy. A judge who has a financial interest in the victim of a crime is not required by Canon 3C(1)(c) to disqualify from the criminal proceeding, but the judge must do so if the judge’s impartiality might reasonably be questioned under Canon 3C(1) or if the judge has an interest that could be substantially affected by the outcome of the proceeding under Canon 3C(1)(d)(iii).
One never steps into the same society twice? In this assembly of strangers, a man one meets one day will in all likelihood never be seen again. It’s a world of anonymity, shifting identity, and, because of this, mistrust. In a close-knit community, neighbors might think nothing of owing each other debts to be repaid at some indefinite point in the future, but not so much on a moving ship.
If you ignore the summons, the plaintiff will almost certainly ask the court to award a judgment against you. This kind of judgment is called a “default judgment.” A default judgment usually awards the plaintiff everything that it asked for in the complaint, plus interest and court costs. The judgment will appear on your credit report, and it can stay there for up to twenty years if not satisfied. The judgment also gives the plaintiff the right to try to collect money from you by freezing your bank account or garnishing your wages. You can avoid a default judgment by filing an answer and appearing in court.
While the Due Process Clause does not require the provision of counsel in a civil contempt case for failure to pay child support when the opposing parent is not represented by counsel, the court should provide "alternative procedural safeguards," such as "adequate notice of the importance of ability to pay, fair opportunity to present, and to dispute, relevant information, and court findings."
Some courts issue orders against self representation in civil cases. A court enjoined a former attorney from suing the new lover of her former attorney. The Superior Court of Bergen New Jersey also issued an order against pro se litigation based on a number of lawsuits that were dismissed and a failure to provide income tax returns in case sanctions might issue. The Superior Court of New Jersey issued an order prohibiting a litigant from filing new lawsuits. The Third Circuit however ruled that a restriction on pro se litigation went too far and that it could not be enforced if a litigant certified that he has new claims that were never before disposed of on the merits. The 10th Circuit ruled that before imposing filing restrictions, a district court must set forth examples of abusive filings and that if the district court did not do so, the filing restrictions must be vacated. The District of Columbia Court of Appeals wrote that "private individuals have 'a constitutional right of access to the courts', that is, the 'right to sue and defend in the courts'."