Some experts, like John Pollock with the National Coalition for a Civil Right to Counsel, have focused on expanding the right to counsel in civil cases implicating basic human needs. Others have advocated for expansion of the right to counsel in lower-level criminal cases where the consequences – including obstacles to housing or employment, or deportation – can still be incredibly high.
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:
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.
Yet the world of the ship is also a land of gab. Conversations and wheeling and dealing break out constantly. There’s a kind of aspirational sociability to life among strangers. It’s always possible that you’re walking into a den of thieves, but it’s more likely that most people are basically decent. If we took a position of total mistrust, we’d all wind up staying in our rooms the whole time to avoid getting fleeced or stabbed. There has to be some baseline level of confidence for exchange to occur, or even for people to just get along and pick up a story or two. Melville’s character hits people where they’re most vulnerable: by trying to act decently, by trying to follow humane norms of behavior, they end up suckers. A minister, for instance, denounces the embittered fellow who says a cripple is an imposter in blackface and gives the beggar a coin (rather than throwing it in his mouth, the cruel sport of the other guests). For his trouble he is rewarded with a visit from a man in gray, who praises him and says, “Since you are of this truly charitable nature, you will not turn away an appeal in behalf of the Seminole Widow and Orphan Asylum?” But the cynics don’t fare any better: a stingy miser buys some herbal concoction in the hope that it will soothe his pain, and a misanthrope who’d rather have machines than boys work his farm agrees to take on a lad from another smooth operator’s Philosophical Intelligence Office, a kind of antebellum temp agency. The confidence-man worms his way into the pockets of trusting and suspicious passengers alike.
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James Traficant, the colorful congressman from Ohio, defended himself twice. The first time was on bribery charges during his time as a local sheriff in the early 80s. He succeeded with a daring argument that his bribe-taking was really part of a corruption investigation that he himself was running. The second time didn't work out so well. He was convicted of some impropriety with campaign funds, got kicked out of the House, and went to prison for several years.
You will deal with all sorts of absurdities, injustices and indignities. You will be told nonsense and lies with people looking you straight in the eye. You must learn to stare absurdities, injustices and indignities square in the face without losing your cool while still defending yourself. Being outraged or emotional does NOT carry the weight it may carry outside the courtroom.
Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. Moore & Moore Attorneys at Law -- [email protected]
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.
Do I have a basic understanding of how court procedures work? Custody hearings, and court procedures in general, can be quite confusing for first-timers. Parents considering pro se representation usually benefit from attending a couple of court hearings in advance, just to become more familiar with what to expect in court and what proper court etiquette looks like. (And remember: any questions you have about proper court procedures can always be addressed to the court clerk. So seek that person out and develop a friendly rapport with him or her.)
Canon 3B(6). Public confidence in the integrity and impartiality of the judiciary is promoted when judges take appropriate action based on reliable information of likely misconduct. Appropriate action depends on the circumstances, but the overarching goal of such action should be to prevent harm to those affected by the misconduct and to prevent recurrence. A judge, in deciding what action is appropriate, may take into account any request for confidentiality made by a person complaining of or reporting misconduct. See Rules for Judicial-Conduct and Judicial-Disability Proceedings, Rule 4(a)(6) (providing that “cognizable misconduct includes failing to call to the attention of the relevant chief district judge or chief circuit judge any reliable information reasonably likely to constitute judicial misconduct or disability. A judge who receives such reliable information shall respect a request for confidentiality but shall nonetheless disclose the information to the chief district judge or chief circuit judge, who shall also treat the information as confidential. Certain reliable information may be protected from disclosure by statute or rule. A judge’s assurance of confidentiality must yield when there is reliable information of misconduct or disability that threatens the safety or security of any person or that is serious or egregious such that it threatens the integrity and proper functioning of the judiciary. A person reporting information of misconduct or disability must be informed at the outset of a judge’s responsibility to disclose such information to the relevant chief district judge or chief circuit judge. Reliable information reasonably likely to constitute judicial misconduct or disability related to a chief circuit judge should be called to the attention of the next most-senior active circuit judge. Such information related to a chief district judge should be called to the attention of the chief circuit judge.”).
The answer to the last part of your question when you ask that If you fail to file such a motion, can you simply ask the court to declare, at the outset of trial, that the defendant, by failing to answer the admissions request, has in fact admitted certain facts which you no longer must prove at trial. By failing to file the motion as the rules require you would be jeopardizing your right to this relief. At trial the defendant’s lawyer will almost assuredly object by stating to the court that you have waived this argument since you didn’t file the motion per the Oregon Rules of Civil Procedure and in all likelihood the judge would probably agree and sustain the objection. There usually isn’t much, if any, wiggle room when it comes to compliance with the stated rules. Whenever you fail to follow a stated rule you are giving the opposing side’s lawyer ammunition to attack your argument. It would behoove you to file the motion to determine sufficiency and request a ruling deeming the matters as admitted since the defendant failed to answer.
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We will start with pro se. That's a Latin term meaning on one's own behalf and in a court setting it refers to persons who present their own cases without lawyers or other representatives. Now some people choose to act pro se because they have legal experience or they're otherwise very confident about their ability to convey their claim or their defence without any assistance. Other people may simply wish to avoid paying attorney's fees and the often exorbitant expenses associated with hiring a lawyer.
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."
According to Utah Judicial Council report of 2006, 80 percent of self-represented people coming to the district court clerk's office seek additional help before coming to the courthouse. About 60 percent used the court's Web site, 19 percent sought help from a friend or relative, 11 percent from the court clerk, and 7 percent went to the library. In the justice courts, 59 percent sought no help.
The novel begins on April Fool’s Day, with the boarding of a steamer by a man who is, “in the extremest sense of the word, a stranger.” Over the course of the day, a number of apparitions wink into and out of existence on the same boat peddling several schemes. They might all be the same man, in what Melville calls “his masquerade.” They refer to each other, and each picks up where the last one left off. They talk up stock in something called the Black River Coal Company and ask for donations to the Seminole Widow and Orphan Asylum. Shares in a New Jerusalem founded by “fugitive Mormons” are offered. One, an herb-doctor, sells natural cures with names like the Omni-Balsamic Reinvigorator and the Samaritan Pain Dissuader. Another has a proposal for a World's Charity, funded by a small tax on every member of the human race. He proposes to bring the “Wall Street spirit” to charity, offering contracts for the conversion of the heathens to end the “lethargy of monopoly” which plagues the current missionary system. In his breathless enthusiasm for the power of the market this one could fit right in on the New York Times op-ed page, but all of these charlatans are recognizable American types.
I am a member iPod this website and a Pro Se litigant. I do not feel pitted against opposing counsel at all. I have four attorneys representing defendants in my suit. I can clearly see those ethically defending their clients to the best of their ability and I also see two of them reverting to sneaky tricks, underestimating me as a Pro Se litigant and not following the law. The articles on this site that you seem to think are misguiding people are very helpful in understanding the behavior of those, less ethical, of your colleagues than you may be! This is a resource for people with sixth amendment rights. If you would like to represent me, pro bono, in my multi million dollar defamation suit, please contact me!
Our present findings suggest that self-affirmation may increase feelings of self-compassion, and that self-compassion may be a promising new mechanism for a potentially broad range of self-affirmation effects. More research is needed, but the present research provides an initial suggestion that affirming an important personal value increases feelings of self-compassion for mobilizing a pro-social self.
The current work was inspired by the work of Crocker et al. (2008) suggesting that self-affirmation may increase feelings of love and social connection. Building on previous studies suggesting that feelings of love and compassion may foster helping behavior (Mikulincer et al., 2005; Piff et al., 2010), Study 1 tests the prediction that self-affirmation will increase feelings of self-compassion, which in turn will increase pro-social behavior. Although no previous studies have tested self-compassion as a mechanism, one recent developmental psychology study suggests that self-affirmation can increase pro-social feelings and teacher-rated behaviors among adolescent students, particularly among students who displayed higher levels of antisocial behavior (Thomaes et al., 2012). Another set of studies showed that self-affirmation increased pro-social behavior only when paired with feelings of moral elevation (Schnall and Roper, 2012). These studies suggest that self-affirmation may impact pro-social behavior through multiple and possibly yet unidentified processes. In Study 2, we test the specificity of the self-compassion account by testing whether self-affirmation increases feelings of compassion toward the self (self-compassion) as opposed to fostering feelings of compassion toward a stranger (other-directed compassion), using a validated behavioral task of self-compassion (Leary et al., 2007, Study 4).
To avoid this disaster scenario, you should find out early on whether your opponent has the financial wherewithal to pay you if you win. Do some basic online research (e.g., Google, Bing, etc.) and social media (Facebook, Instagram, etc.). Is he employed? Does he drive a nice car? Does he appear to have disposable income (vacations, restaurants, property, possessions)?
“One statistic asserts that 90 percent of Americans will face a lawsuit at some point in their lives,” Zeidwig points out. “Yes, it’s possible to represent yourself in court, but you need to know specifically what to do in order to be best prepared. For example, how much time you have to file documents and such is rigid — if you miss the deadline, you’re in serious trouble.”
Trial attorneys who are not mindful of the psychological and sociological elements at play when litigating against pro se parties risk exacerbating an already difficult situation by increasing the likelihood of protracted and unfocused litigation, appealable procedural missteps, and unmanaged expectations. Thus, at the outset of the lawsuit, an attorney facing a pro se opponent should make every effort to determine what is motivating the litigation (e.g., hurt feelings, anger, unmitigated expectations) and, if possible, the reason for the lack of representation. Throughout the pretrial process and during trial, a primary objective of counsel should be to strategically allow the pro se litigant to air his or her grievances in such a way as to limit the scope of triable issues while still being satisfied with his or her day in court.
Self-affirmation (vs. control) participants had a significantly greater increase in feelings of state compassion pre–post writing. Specifically, a one-way ANOVA (condition: self-affirmation or control) revealed a significant difference in state compassionate feelings [F(1,50) = 4.23, p = 0.05, η2 = 0.08]: self-affirmation participants had a greater pre-post-writing change in state compassion (M = 1.84, SD = 3.3) compared to control participants (M = -0.11, SD = 3.52). A 2 (condition: self-affirmation or control) × 2 (time: pre- and post-writing) repeated measures ANOVA [affirmation X time interaction F(1,50) = 4.23, p = 0.05, η2 = 0.08] yielded the same effect as the one-way ANOVA using the affect change score: self-affirmation increased state compassion pre-post-writing, compared to the control group.
4. If you or your group made any effort to inform business owners in your area about the ADA, you might want to make a Paragraph 18 that will read like this: "On April 22, 1993, the Louisville CIL conducted a free seminar on the ADA, and sent out fliers to all downtown businesses, to educate them about the ADA. The business in question still refused to become accessible. If this is not relevant, just ignore it, and number paragraphs accordingly.
I truly do appreciate the work you do and the information you provide as this is a great service to "all" citizens. Certainly more "legal information" is needed to increase "legal literacy" in the world today. I am amazed that you are able to respond so quickly given your "one man" operation. The "legacy" you are leaving by promoting "legal education" is important to this generation as well as future generations and I commend you for your efforts to impart of your knowledge. ... Leonard S.
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
When going through divorce, it is not required for either party to be represented by an attorney, and in fact, many choose to save money by representing themselves in a pro se divorce. The necessary forms for divorce are available at the local family court, and many jurisdictions offer family law family law facilitators to provide information on the process of divorce to pro se litigants. In a divorce in which both parties can agree on the issues of division of marital property, and child custody and support, a pro se divorce may be the best choice for all. On the other hand, when there is serious conflict over these issues, the divorce may become quite complicated, and hiring an attorney may be the better choice.
Service: “Service” is a fancy-schmancy legal term that means “officially delivering legal documents.” Some pleadings (e.g., complaints, subpoenas, and more) need to be served personally—meaning someone (other than you) has to personally hand them to the recipient. If personal service is required, you may need to pay a process server, sheriff, or marshal to serve those documents.
Canon 3B(3). A judge’s appointees include assigned counsel, officials such as referees, commissioners, special masters, receivers, guardians, and personnel such as law clerks, secretaries, and judicial assistants. Consent by the parties to an appointment or an award of compensation does not relieve the judge of the obligation prescribed by this subsection.
Judges also support greatly increased funding for lawyers in civil cases for litigants who cannot afford representation out of self-interest. Most local and state judges are elected or appointed to serve for a specified term, to which they may be either reelected or reappointed.21 They are periodically evaluated by the public or the appointing authority. Judges perceived as showing partiality – for example, by providing permitted assistance to unrepresented litigants – may lose elections or reappointments. Judges’ careers can be marred by complaints from unrepresented litigants who, because they do not have the benefit of legal advice, have unreasonable expectations about courts and law.22 The presence of lawyers on both sides of a case insulates judges from perceptions of impartiality and from litigant complaints.
(6) A judge should not make public comment on the merits of a matter pending or impending in any court. A judge should require similar restraint by court personnel subject to the judge’s direction and control. The prohibition on public comment on the merits does not extend to public statements made in the course of the judge’s official duties, to explanations of court procedures, or to scholarly presentations made for purposes of legal education.
Experimenters remained blind to participants’ affirmation condition during the experimental session, following procedures as in Study 1. Following procedures from recent self-compassion research (Leary et al., 2007, Study 4), participants arrived at the lab one-at-a-time for a study they believed explored the influence of adults’ moods on story telling. After providing written informed consent, participants completed individual difference baseline measures, including trait self-compassion (Neff, 2003b; Raes et al., 2011). Specifically, participants completed the 12-item Self-Compassion Scale – Short Form, which measures the frequency of self-compassionate feelings on a day to day basis (anchored 1 = almost never to 5 = almost always). Items were averaged to form a composite measure of trait self-compassion, with negative items reverse-scored (α = 0.86; Neff, 2003b; Raes et al., 2011). Trait self-compassion was embedded among two other exploratory baseline questionnaires: the NEO Five-Factor Inventory (NEO-FFI) Extraversion subscale (Costa and McCrae, 1992), and the Dispositional Positive Emotions Scale (DPES) Compassion subscale (Shiota et al., 2006). Then, following existing procedures for testing compassionate feelings (Leary et al., 2007, Study 4), participants were videotaped while telling an extemporaneous children’s story beginning with, “Once upon a time, there was a little bear…” for 90 s. Participants, who believed we were collecting pilot data for an unrelated study, next completed a 3-min self-affirmation or control writing exercise as described in Study 1. Additionally, participants completed a 4-item manipulation check (α = 0.97) assessing whether the writing exercise was important to their self-identity. Specifically, participants rated the personal importance of the value they wrote about on a 6-point Likert scale (strongly disagree – strongly agree; i.e., “This value is an important part of who I am;” “In general, I try to live up to this value”).
Peggy Orenstein is the author of Flux: Women on Sex, Work, Love, Kids and Life in a Half-Changed World. An award-winning writer and speaker on issues affecting girls and women, she is a regular contributor to The New York Times Magazine, and her work has also appeared in the Los Angeles Times, USA Today, Vogue, Glamour, Mirabella, Details, Elle, Mother Jones, The New Yorker, and other publications. Additionally, she has served as an editor at Esquire, Manhattan inc., 7 Days, and Mother Jones magazines.
You need the ability to think more in terms like, "That is A view" versus "There is my view and the wrong view." "That is A defense" versus "They don't have a defense." Being impatient or intolerant with another's view, defense or assertion appears as immaturity in the courtroom. Opposing side is supposed to have a view, defense or assertion. Many times you will deal with outrageous arguments using deceit and/or lies that would never be used as arguments outside the courtroom.
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.
In 2011, the Federal Judicial Conference surveyed federal court clerks offices regarding pro se issues. They found that only 17 of 62 responding judges report that discovery is taken in most non prisoner pro se cases and only 13 reported that discovery is taken in most prisoner pro se cases.:21 In the same survey, 37% of judges found that most pro ses had problems examining witnesses, while 30% found that pro ses had no or few problems examining witnesses.:22 53% found that represented parties sometimes or frequently take advantage of pro se parties.:23 Only 5% reported problems of pro ses behaving inappropriately at hearings.:24 Respondents to the FJC study did not report any orders against non prisoner pro se litigation.