So, you have to decide what your goal is: (1) To post your complaint on the web in all its vitriolic splendor and go down in a blaze of glory or (2) to win your case. If its the former, go for it! If its the latter, get some help to draft a complaint in law talk, keep it simple, and go for the bucks you need to survive. You can do that, and still keep the street war going in a forum other than the courtroom. That's the win-win approach.
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.
Though there is a prejudice against inconsistent characters in books, yet the prejudice bears the other way, when what seemed at first their consistency, afterwards, by the skill of the writer, turns out to be their good keeping. The great masters excel in nothing so much as in this very particular. They challenge astonishment at the tangled web of some character, and then raise admiration still greater at their satisfactory unraveling of it.
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
Can I afford a private child custody attorney? Each parent is aware of his/her own, unique financial position and resources. Some parents borrow money for an attorney, while others may possess significant savings. Divorced parents are often fortunate enough to have legal expenses covered by a former spouse, written directly into a divorce decree. If parents are of modest means, pro se representation might be an appropriate alternative to hiring a private child custody lawyer, but cost should not be the only consideration.
I’ve filed and served a request for admissions which the Defendant”s attorney failed to answer within the 30 day period allotted by rule here in Oregon. The rules also state that a failure to answer the request will result in admission of the answers requested. From what I can glean from the rules, I now need to file a “Motion To Determine Sufficiency”. If I fail to file such a motion, can I 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 I no longer must prove at trial?
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.
Jim Traficant, a former U.S. Representative from Ohio, represented himself in a Racketeer Influenced and Corrupt Organizations Act case in 1983, and was acquitted of all charges. Traficant would represent himself again in 2002, this time unsuccessfully, and was sentenced to prison for 8 years for taking bribes, filing false tax returns, and racketeering.
Here we test a novel self-compassion account that links these two theoretical self-affirmation perspectives. Specifically, we posit that self-affirmation activities increase feelings of self-compassion, characterized by increased self-directed feelings of sympathy and love, and reductions in feelings of vulnerability and criticism (cf. Neff, 2003a; Leary et al., 2007). Our self-compassion account is consistent with the existing theoretical frameworks for self-affirmation: increasing self-compassion is one form of boosting one’s self-image (i.e., the self-resources perspective), and is associated with increased feelings of love and connection (i.e., the self-transcendence perspective; cf. Neff, 2003a). But this self-compassion perspective provides new specificity to these previous theoretical accounts by positing that the self-affirmation self-image boost is about feeling more compassion toward the self (and is not a general self-esteem boost as suggested by the self-resources perspective; Neff and Vonk, 2009), and that compassionate feelings engendered by self-affirmation are not other-directed (as suggested by the self-transcendence perspective), but directed toward the self. It is difficult, however, to disentangle whether these feelings stimulated through values affirmation are directed toward the self or toward others, and furthermore, it’s possible that compassionate feelings toward the self may generate compassion for others. Indeed, one important aspect of a self-compassionate attitude is the recognition of oneself as part of the human condition (Neff, 2003a); this sense of shared humanity may be encouraged by writing about important values, consistent with the self-transcendence perspective, but we suggest that the source of these feelings is a boost in self-compassion.
A pro se litigant is an individual who is representing himself in a civil court action. While the law allows nearly anyone to be a pro se litigant, and to appear in court on their own behalf, there are some limitations. For example, a pro se litigant, or self-represented litigant, cannot represent others. This places certain limitations on pro se representation, such as:
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.
Pro se representation refers to a situation in which a person decides not to be represented by an attorney in a civil or criminal court case. The right of an individual to choose pro se representation dates back to pre-Constitutional times in the U.S. Although individuals have the right to represent themselves during legal actions, there are certain requirements. For example, the individual must have the mental capacity necessary to represent himself, which may be determined by the court, if questioned. Additionally, an individual choosing pro se representation must observe all of the rules of the legal action and the courtroom, just as an attorney would be expected to do.
Pitting pro se litigants against lawyers as if lawyers are enemies does far more disservice to your clients. I looked at your website, and I see that you toe a fine line between practicing without a license and simply giving pro se litigants enough rope to hang themselves. I understand that it’s a gimmick to make money for yourselves, but the nobler thing to do would be to direct these people to pro bono services instead of guiding them to shooting themselves in the foot by acting like the opposing party’s lawyer is out to get them and that what they don’t understand about the practice of law is somehow a trick or deception.
5. If you or your group did anything to inform that particular business owner of his violation, then you might want to make that paragraph 19. It might read like this, "During the summer of 1997, the Louisville CIL visited the business in question, and spoke to the owner. The owner could easily make his business accessible but has chosen not to comply with the Americans with Disabilities Act."
Canon 2B. Testimony as a character witness injects the prestige of the judicial office into the proceeding in which the judge testifies and may be perceived as an official testimonial. A judge should discourage a party from requiring the judge to testify as a character witness except in unusual circumstances when the demands of justice require. This Canon does not create a privilege against testifying in response to an official summons.
Lawyers are necessary outside of traditional litigation, too. Many disputes today are resolved through settlements negotiated outside of court. Even when managed by a professional mediator, the inequality inherent in negotiations between an untrained lay person and a lawyer remains.9 Even when both parties represent themselves, one or the other often unintentionally negotiates away rights or entitlements that are theirs under the law, because they do not know what is due them.10
6. If you have a paragraph 18 and 19, then you might want to add a paragraph 20 that might read something like this, "Other commercial facilities similar to the defendant's have made similar modifications, like what we ask here. Defendant could easily make his business accessible but has chosen not to comply with the Americans with Disabilities Act." You might also want to add a 20a that reads, "to assist businesses with complying with the ADA, Congress has enacted a tax credit for small businesses, and a tax deduction available to all businesses."
The Judiciary Act of 1789, one of those laws, states that "in all courts of the United States, the parties may plead and manage their own causes personally." It follows that federal judges must respect the pro se litigants' right to represent themselves. Thus, the Supreme Court and Congress have means to remedy the problems with federal judges who disrespect and ignore the rights of pro se litigants.
A fellow advocate member of DAC, our advocacy group, filed her Pro Se in Federal District Court, after waiting and waiting for DOJ to respond. She lives on a low fixed income, and was able to waive the filing fee. Within a week, she received her notification of receipt that her case is now pending in federal court. At the same time she received notification that the inaccessible business was being served the complaint by a federal marshal. Shortly after that, she received a letter from the attorney for the inaccessible business stating that they wanted to settle out of court. Of course!! We settled for full compliance with the ADA.
Clarence Earl Gideon was too poor to afford an attorney and thus proceeded pro se in his criminal trial in Florida in 1961. He was found guilty and subsequently appealed. He was appointed counsel (his attorney, Abe Fortas, later became a Supreme Court Justice) when the case reached the U.S. Supreme Court; the court ruled in Gideon v. Wainwright that the right to counsel means that states are required to provide counsel free of charge to indigent defendants in all criminal cases and that Florida's failure to appoint such counsel in Gideon's case constituted a violation of that right. On remand, Gideon was represented in the new trial, and was acquitted.
The Connecticut Supreme Court narrowed criminal defendant's right to self representation, stating that "we are free to adopt for mentally ill or mentally incapacitated defendants who wish to represent themselves at trial a competency standard that differs from the standard for determining whether such a defendant is competent to stand trial". A Senior Assistant State's Attorney explained that the new standard essentially allows judges to consider whether the defendants are competent enough to perform the skills needed to defend themselves, including composing questions for voir dire and witnesses.