FERN A. FISHER is the Special Assistant for Social Justice Initiatives to the Dean at the Maurice A. Deanne School of Law at Hofstra University, and retired Deputy Chief Administrative Judge for the New York City Courts and Director of the New York State Access to Justice Program. She is a founding member of the Metropolitan Black Bar Association and a member and past board member of the Association of the Bar of the City of New York and the New York County Lawyers Association.
Then, participants were randomly assigned to either watch their own video or a female study confederate’s video, whom participants believed to be the previous study participant. After watching the storytelling video, participants completed an 8-item measure of how they felt while watching the (self or peer) video, which served as our primary measure of compassionate feelings. Specifically, participants rated eight feeling adjectives [relaxed, happy, sad (reverse-scored), proud, embarrassed (reverse-scored), irritable (reverse-scored), nervous (reverse-scored), peaceful] using 7-point Likert scales (1 = not at all to 7 = extremely). These items were summed to create a composite measure of compassionate feelings toward the self or other video (α = 0.83), with higher scores referencing higher compassionate feelings. Importantly, by asking participants, “How did you feel while watching your [the] video?” we were able to specifically probe feelings of self-compassion (or other-directed compassion) in response to this mildly embarrassing, impromptu storytelling playback. More positive feelings result from feelings of compassion, and less positive feelings reflect negative judgments and a critical response to the video. To evaluate the specificity of the self-compassionate feelings account, participants also completed a 9-item measure of their social perceptions in response to watching the storytelling video (see Leary et al., 2007, Study 4). Participants were asked to rate how they (or the peer) appeared in the video on nine performance dimensions [awkward (reverse-scored), confident, nervous (reverse-scored), creative, reasonable, competent, attractive, foolish (reverse-scored), likable] using 7-point Likert scales (1 = not at all to 7 = extremely) in response to the question, “How do you think you [the other participant] appeared on the video?” Like the compassionate feelings composite measure, the nine items were summed to create a composite measure of performance perceptions toward the self or other video (α = 0.83), with higher scores referencing higher social perceptions of performance during the storytelling task. Thus, we were able to measure two distinct aspects of self-compassion (and other-directed compassion): feelings of (self-) compassion and performance perceptions in response to the storytelling video. These behavioral ratings of self-compassion are positively related to trait self-compassion in previous work (Leary et al., 2007, Study 4). Participants completed a final demographics measure before being probed for suspicion, fully debriefed, and dismissed.
Some federal courts of appeals allow unrepresented litigants to argue orally (even so nonargument disposition is still possible), and in all courts the percentage of cases in which argument occurs is higher for counseled cases. In 2013, the U.S. Supreme Court adopted a rule that all persons arguing orally must be attorneys, although the Supreme Court claims it was simply codifying a "long-standing practice of the court." The last non-attorney to argue orally before the Supreme Court was Sam Sloan in 1978.
(3) Organizations. A judge may participate in and serve as a member, officer, director, trustee, or nonlegal advisor of a nonprofit organization devoted to the law, the legal system, or the administration of justice and may assist such an organization in the management and investment of funds. A judge may make recommendations to public and private fund-granting agencies about projects and programs concerning the law, the legal system, and the administration of justice.
If the novelist is part of this same trade, a con man in his own right, he deserves that same mix of trust and mistrust. He’s out on the road making deals, looking for specimens to exhibit. There he goes, transforming experience into remarkable distilled concoctions of truth. Look at this amazing, original character, calls the novelist, see the skill with which something of human character is revealed. Step right up, enjoy the show. The novelist is in this same spot between the general and the particular, offering a meaningful, personal connection through a product of which, if the vagaries of the publishing industry are favorable, vast numbers of copies are made. In The Confidence-Man, Melville’s showing off his showmanship, letting you know he’s bluffing. And that’s the only way you know to trust him.
The United States judicial system is designed to be adversarial, to resolve disputes of fact and law before a neutral judge.1 The premise of the system is that each party in a court case is capable of understanding and using the law, since each must present the law and the facts to the judge. An effective adversarial system requires the presence of legally trained experts, typically lawyers, on both sides of a case.
Language is my love, and though I am fascinated by all languages and cultures, I am, alas, fluent in only one. My Spanish is sporadic, my French frankly poor, my German generally forgotten, my Italian too long ignored, and my Polynesian languages painfully all but non-existent now. And so it is that this website is devoted to the prose of the only language that has endured in my memory over the years: English. I hope that you will join me in exploring and analyzing this diverse and ever-changing language and share with me your thoughts on its usage and development.
As we read we can let the words gently flow over us. We can let the words quietly be spoken to us in there own sweet way. We can let ourselves open to the thoughts and their meanings, the ideas and their origin, the phrases and the understandings that they have ready for us. Ready for us to assimilate and take on board. If we let them filter through and allow the words their power to move and rejuvenate. If we let ourselves be uplifted and filled with their sometimes hidden insights. Too gently and slowly to impact on our lives as we read - and in the future when we recall their meaning for us.
"It can be beneficial for self-represented litigants to work informally with one another and with other nonattorneys to acquire and spread information about navigating the eviction process. We acknowledge, of course, that it is unlawful for any nonattorney to engage in the unauthorized practice of law -- for instance, by signing and filing a complaint on behalf of an unrepresented litigant. ...But there are plenty of ways for nonattorneys to assist litigants without venturing into the unauthorized practice of law. ... In a complex, high-stakes process where the right to counsel is not guaranteed and professional assistance is not universally available, the assistance provided by nonattorneys may be the only way for many litigants to learn about and assert their rights."
Depositions: A deposition is a question-and-answer session where a party can ask her opponent questions. Depositions are transcribed by a court reporter (AKA stenographer). Depositions can be expensive, especially if videotaped. Deposition transcripts cost anywhere from $2-5 per page. A single transcript could cost hundreds of dollars. A video copy will cost extra.
Few places in Melville’s day could be more representative of a market society than a Mississippi steamboat. It is a place in a constant state of flux. Arrivals, departures, and the passage from one port to the next create a stream of strangers, an environment in which all interactions are constrained by the impermanence of the contact between the parties. Melville’s description of the boat is almost Heraclitean:
Or at least R.I.P. for non-lawyer pro se litigants. Just when you thought the Supreme Court season had finally come to a close, the Court released a new rule book this morning. It’s 80 pages long and mostly a rehash, but the addition of Rule 28.8 garnered some attention for finally closing a door on the practice of non-lawyers arguing before the Court.
Pro Se One Stop Legal Document Services, LLC is not a substitute for an attorney and we do not offer legal advice. We simply recognize the dilemma placed upon the consumer who cannot afford or chooses not to incur expensive attorney’s fees. Without any assistance in preparing legal documents and forms, many consumers go without taking any legal action or simply go at the legal system lost and alone, which often leads to devastating results. Not all legal matters require an attorney. We offer a low-cost alternative by helping you fill out and file the necessary documents and forms; and teach you how to closely monitor your case. We look forward to serving you!
(F) Governmental Appointments. A judge may accept appointment to a governmental committee, commission, or other position only if it is one that concerns the law, the legal system, or the administration of justice, or if appointment of a judge is required by federal statute. A judge should not, in any event, accept such an appointment if the judge’s governmental duties would tend to undermine the public confidence in the integrity, impartiality, or independence of the judiciary. A judge may represent the judge’s country, state, or locality on ceremonial occasions or in connection with historical, educational, and cultural activities.
The Judicial Conference has authorized its Committee on Codes of Conduct to render advisory opinions about this Code only when requested by a judge to whom this Code applies. Requests for opinions and other questions concerning this Code and its applicability should be addressed to the Chair of the Committee on Codes of Conduct by email or as follows:
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.
Yet the tone of the book isn’t quite satirical; it’s not exactly an indictment of the materialism and gullibility of American society. Melville’s confidence-man doesn’t try to persuade marks, not exactly. His method takes the form of a dialogue on why trust is better than mistrust, an argument for the need to have faith in nature and mankind. Much of the book is taken up with elaborate philosophical arguments on questions such as whether nature is always good, whether a boy’s character predicts the man he will become, the ethics of loaning money, and, above all, whether one should have confidence, or trust, in one’s fellow man. The effect is a bit as if Plato had Socrates, while arguing that justice is better than injustice, convince Glaucon to lend him his watch. It’s an odd book about materialism that spends all its time with its head in the clouds—although there’s no better time to pick a man’'s pocket than while he’s stargazing. There’s a slight scent of brimstone to the confidence-man, as if he’s come to earth as part of an infernal bet on the fallibility of human nature. Or, as the novel’s most caustic cynic, a one-legged man who believes that a crippled beggar called Guinea is a white man in blackface, says, “Money, you think, is the sole motive to pains and hazard, deception and deviltry, in this world. How much money did the devil make by gulling Eve?” Yet as it turns out, the philosophical claims the novel’s characters dispute, about human nature and the obligations of human beings toward each other, have much to do with the particular economic form of the society they inhabit.
Oh my Lord Sonja, you’re my new hero! I went at it with an attorney on Avvo; I asked a legal question and he more or less belittled me for thinking that I had a case and then for thinking that I could actually handle it on my own. This guy was a real jerk! l know I have a winning case but there are not many lawyers in my area that are familiar enough with the statutes to take it pro bono and therefore take the risk. Even the legal opinions that I’ve read say the case law is sparse. Thank you for standing up for pro se litigants and setting the record straight.
Like the self-resources account, our findings indicate that self-affirmation boosts one’s self-image by increasing positive self-feelings, but provide additional specificity about the nature of these feelings; self-affirmation increases feelings related to self-compassion (e.g., sympathy, trust, and less criticism; Study 1). Like self-esteem, self-compassion predicts positive feeling states, but is distinguished by its more stable relationship to self-worth, independent of positive or negative outcomes (Neff and Vonk, 2009). Consistent with this, in response to a potentially embarrassing video of oneself, affirmed participants maintained positive self-feelings (Study 2). The effect of self-affirmation writing on self-compassion may explain why few studies have shown that self-affirmation increases general feelings of state self-esteem or positive affectivity (Sherman and Cohen, 2006).
We conducted an identical multiple regression analysis with the social performance perceptions measure as the dependent variable. Specifically, this multiple regression analysis tests whether the previous findings related to feelings of compassion also extend to affect social perceptions of performance on the storytelling task (e.g., “how competent did you [the other participant] appear in the video?”). The regression results are depicted in Table Table22. Like the compassion feelings measure, participants rated the performance of the peer video higher than the self-video [a main effect of video condition: β = -1.83, t(69) = -2.89, p = 0.005], and trait self-compassion moderated performance perceptions of the videos [trait self-compassion × video condition interaction: β = 1.50, t(69) = 2.35, p = 0.02], such that participants lower in trait self-compassion had lower performance perceptions of their own video (but trait self-compassion did not impact peer video ratings). As shown in Table Table22, our results indicate some specificity of the self-affirmation effects to self-compassionate feelings (and not to more general social perceptions): self-affirmation did not significantly impact social performance perceptions (there was no significant self-affirmation × video condition interaction, and no 3-way interaction; Table Table22), though this study may have been underpowered to detect subtle influences of self-affirmation on social performance perceptions.
Shauna Strickland. Virginia Self-Represented Litigant Study: Summary of SRL-Related Management Reports for General District Court, Juvenile & Domestic Relations Court, and Circuit Court. (December 2017). This report describes case management reports that OES should consider producing on a regular schedule in an effort to better understand cases with self-represented litigants.
Clarence Earl Gideon, a man who could not afford to hire an attorney to represent him, appeared in a Florida court in 1961, after being accused of felony breaking and entering, requesting that the court appoint counsel to represent him. The state court denied his request, stating that Florida state law allowed the appointment of counsel only if the defendant has been accused of a capital offense. Gideon, who was forced to act pro se was convicted of the crime and sentenced to 5 years in prison.
7Running afoul of Federal Rule 11 has been identified as a problem facing unrepresented litigants pursuing frivolous claims. United States District Court, District of Minnesota, and Federal Bar Association, Minnesota Chapter, Pro Se Project (Minneapolis: United States District Court, District of Minnesota, and Federal Bar Association, Minnesota Chapter, 2016) [LINK]. See also Stienstra et al., Assistance to Pro Se Litigants in U.S. District Courts.
Now most pro se litigants are at a disadvantage in contested litigation. It may be awkward or inappropriate for them to appear both as counsel and as a witness. They're deprived of the judgment of an independent third party in framing the case, in evaluating how to present the evidence and in forming legal arguments and also in making sure that it is reason rather than emotion that steers how the case is conducted. That's why Judges sometimes warn a party who is proceeding pro se of the old saying that anyone who represents himself in court has a fool for a client and an ass for an attorney.
What is a Pro Se Complaint? This is, quite simply, a lawsuit that a person files without a lawyer. The ADA Pro Se must be filed in Federal District Court., because the ADA is a Federal law. To find out which US District Court you will be filing your complaint in, look in the phone book blue (or green) pages, under United States Government Offices, "U.S. Courts".
99.9999999999999999999999999999999999(SHOULD I GO ON)999999999999999 of the time when a pro per (you) goes up against an attorney in Court you will lose. I cant tell you how often I have defended clients against a pro se litigant who think they just have the best case and then it blows apart like flour in a fan when you get into Court. Non-attorneys are held to the same standard as attorneys. Everyone in the world, even the judge would prefer that you retain counsel. The reason why is simple, your not a lawyer. If you have a case, I am sure that you will find an attorney to represent you.
I prefer the definition that describes prose as a literary medium that is different from poetry in that prose has a more varied rhythm and is usually expressed in more ordinary, everyday language. This is what I sometimes term literary prose, the prose of essays, memoirs, short stories, and novels. And it is this type of prose that I address in ProseAct.
I did in fact include the notice advising the defendant’s atty of the consequences of the failure to answer the request, as stated in the ORCP 45 Rule. The 30 days allotted by 45 B have elapsed and I have received no response at all, either admitting, denying or objecting to the request. I’m preparing the Motion To Determine Sufficiency, and I will follow your counsel by including a copy of the Request For Admissions, even though I filed a copy with the Court, along with proof of service, on the day I served the request to the defendant’s lawyer. If the Judge grants the motion, issues an Order… well, my case is halfway won. And, I won’t have to drag a handfull of witnesses into court, against their will, to testify. Many times I’ve felt overwhelmed by this, ready to fold my hand even though I know the defendant’s lawyer is bluffing, trying to intimidate me into giving up. Thank you very much for your knowledge, your advice, and your encouragement. I’m thinking I may very well prevail afterall.