smalltownlawyer

“The defendent who pleads their own case has a fool for a client, but at least there will be no problem with fee-splitting.”

Every individual has a constitutional right to represent themself in court.  However, just because you can, doesn’t mean you should . . .

“Pro Se” is latin (so much legal stuff is in latin) loosely translated as ”for himself.”  However, at least one pundit has said it also means “you lose.”

When I worked for Legal Aid, I often counseled people on how to represent themself in court on simple matters.  The two key words are ‘counseled’ and ’simple.’  You need to talk to someone, listen to them, and know when you are in over your head.

Sometimes it may be necessary for you to appear in court for yourself.  You are either sued or need to sue someone else.  Your success of failure depends on how you act, how you present yourself, and how you write.  It is the ultimate case of “you never get a second chance to make a first impression.”

Some basic advice:

1.  I don’t care who you are and how much you Google.  Legal procedure is complicated.  You don’t know one-tenth as much as you think you do. 

You need to consult with an attorney at least once.   Shop around.  Most attorneys will do an initial consultation for a very low cost.  Most state and/or county bar associations also have a referral service where you can meet with an attorney for a very small fee.  I have used this service when I needed to go into another state or practice area.  It is worth every penny. 

Also, every county in the United States has a legal aid office.  These non-profit organizations can only represent a handful of clients.  However, most offices have counseling services that can point you in the right direction.  They do not counsel on civil matters that concern money and damages [ie - a car accident].  They concentrate on family law, landlord/tenant, and some consumer law [creditors/bankruptcy].  To find your legal aid office, start here. 

A few hints to make the most of your consultation.

a)  Write down your questions.  What is the case about?  What side are you on?  Do you know what judge you are assigned to?  Can it go to small claims court? 

b)  Be shameless.  After the attorney has told you what you need to file, ask him if he has a generic form pleading for you to copy.  Attorneys swap forms and pleadings all the time.  Offer to pay a small charge for his time to search and print it.

c)  Don’t abuse your contact with the attorney.  Many lawyers will continue to answer questions by email or phone.  However, if you get too familiar or obnoxious, instead of a friendly answer, you’ll get a curt letter and a bill.

2.  Your pleadings are your life in court.  Even though pro se parties are given great leeway in the form and style of pleadings, you are still required to state your case and follow the rules of legal procedure.  Be warned, you are bound by all the rules of ethics that bind attorneys.  Most importantly are Federal Rules of Civil Procedure, Rule 11 and 28 U.S.C. 1927.  If you sign it, you live or die by it.  Therefore, refer back to #1.  Consider having an attorney proofread and comment on your pleadings.  They can’t write them for you, but they can tell you if it is sufficient.

More about how to write your own legal documents later.  For now, know that you need to speak with a lawyer at least once before you go to court.

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