Don’t KILL your case!
The legal process is a frustrating beast and let me be the first to tell you, the BEAST always wins! Now, I am not saying that the BEAST will beat you but what I am saying is that most people get so upset with the waiting, the red tape, and all of the little steps you have to take in order to get from point A to Point B that they sometimes do things in order to fight the BEAST.
If you’ve hired an attorney, your attorney is trained to fight for you as well as deal with this BEAST that is known as the LEGAL process. Unfortunately, too many times, people will do things that may potentially HURT (or even KILL) their case:
1) Talking to witnesses on your own. Depending on the situation, you really should let your attorneys talk to potential witnesses. Why? One, attorneys tend to fully document the context of the conversation. Two, attorneys tend to have specific, well crafted questions that they ask which will give them an idea of whether the witness’s information is helpful or harmful. Three, what you tell your witnesses may eventually come back to bite you in court. You don’t know how someone will convey what you said to them.
2) Sending in your own evidence. So you found something that you think is useful, that’s great. Make sure you let your attorney see it first. Most attorneys are aware of discovery requirements but if you decide to give the other side some information that you didn’t necessarily have to give and it’s damming to you……….do I need to go further??
3) Taking steps without consulting your attorney. If you are going to do what you want to do, then you probably don’t need an attorney. Most attorneys work to carefully lay out a plan of attack to deal with any issues or problems that may arise and if you decide that you are going to do things that undermine that, the attorney can’t help you.
4) Responding to the court or the other side on your own. If you get documents from the court or the other side, unless you don’t have an attorney, please be careful not to respond. So much time, we think that if respond to someone right away, it will help our case.
5) following the advice of someone who is NOT your attorney. I had a friend of mine who is an attorney tell me that she has to tell her client’s all the time “I didn’t know they gave out law degrees at the gas station?”. The reason she says this is because so many times, her clients will come to her FIRED up because someone who is NOT an attorney will tell her client something and then come to her HOT! Becareful about following the road of some person who THINKS they know what’s going on when in reality, they don’t.
Like I said, the legal process is a BEAST but don’t add to the problem by giving the BEAST food to eat. The process is tough but it can be tougher if you do things to make it worse.
Should I represent myself at a mediation?
In most court cases, the parties are usually given the opportunity to resolve their case through the use of mediation. Mediation is a process by which opposing parties are given the opportunity to possibly work out their differences through the use of an impartial, objective mediator. The mediator’s job is to facilitate discussions between the parties with the hope that the opposing sides may reach some type of agreement.
Sometimes, people (who are representing themselves without an attorney) find themselves a little confused about what happens in the course of a mediation and what they do. Here are a few things to consider which may assist you with the mediation process:
1) The mediator is not YOUR lawyer or THEIR lawyer! The mediator’s role is to be objective and impartial. The mediator is not only there to assist you is recognizing the strengths and weaknesses of your case but also assist the other side in recognizing the strengths and weaknesses of THEIR case. The mediator is to, hopefully, help both sides reach an agreement.
2) The mediator is NOT there to educate you about the law. The mediator can educate you about the mediation process but they can’t educate you about the law. If you decide that you are going to represent yourself without an attorney, the responsibility is on you to become knowledgeable about the law and how it affects your case.
3) Depending on the mediation, you may be able to walk away. You are not obligated to HAVE to agree at the mediation. At some point, you may realize that you are not comfortable with the terms of the agreement. In this case, you may determine that you wish to walk away and continue with the litigation process.
4) If you DON’T feel comfortable, get an attorney. Listen, at some point, if you feel that you are a bit overwhelmed, take it upon yourself to seek counsel. You don’t want to lose your rights or lose something you’re entitled to because you are fumbling through a process that you don’t understand.
The mediation process in most circumstances are designed to be user friendly. It is important to take it upon yourself to be as familiar with the process so you can get the best results.
Should you handle a legal case by yourself?
So you get a letter from an attorney, should you hire an attorney or handle the case yourself? Somebody broke the contract between you and them, should you take them to court on your own? You have legal instrument you want to prepare. Should you have the case reviewed by an attorney?
Aside from a few very specialized areas of law, the legal process is ultimately designed to afford the average person the ability to represent themselves. However, there are a few things that you should keep in mind if you are deciding to representing yourself:
1) There are no special rules for you as a ‘pro se’ litigant. Pro se legal representation refers to the instance of a person representing himself or herself without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. Most courts are governed by local rules or specific rules regarding processes and procedures. You are still bound by those same requirements so don’t expect to get any special preferential treatment because you are preceding without a lawyer.
2) The law library is a great resource. Quite a few court houses have law libraries that provide a wealth of different forms and materials which can help you with your case.
3) The clerk of court may have a special program. Depending on the type of legal proceedings, some courts actually have legal programs that may assist you with completing forms or navigating the legal process.
4) Legal forms on line can be helpful but it’s not the only thing. You can find a variety of great forms on line through various legal document sources. However, remember, these forms are not designed to substitute for any legal information that your state requires. Some legal document sources may provide state specific forms depending on the topic but be careful if you get a generic form. These generic forms may not have everything you need.
5) The judge is NOT your friend. In some legal proceedings, the judge may have an extra duty to ensure that you are provided an additional amount of explanation regarding certain court proceedings. You may, also, be given an extra degree of latitude in navigating the process. However, you are still bound by the same standards as it relates to negotiating the process so your ignorance about the law may not save you. You still have the responsibility to be knowledgeable about the information that relates to your case.
6) The other attorney is NOT your friend. Attorneys are in the busy of getting the maximum benefit for their client. They are NOT there to help you with your case. So an attorney who deals with the area of law that you are dealing with may utilize every tactical advantage of their knowledge of their law against you.
7) Just because you think you have GOOD FACTS, the law may not provide a GOOD OUTCOME. Alot of people think that their facts are so great that they don’t need an attorney. They think that the facts should stand alone. But people sometimes forget that facts can be used to paint a picture in a multiple number of ways. It may be even tougher if you are dealer with an attorney who can get rid of certain facts or even paint your facts in a bad way. Don’t automatically assume that your case is SO good that you can’t lose.
Representing yourself is a very ‘doable’ thing but you can possibly put yourself in a worse situation if you don’t take the time to ensure that you are prepared for all possibilities.
Always keep in contact
Attorneys have an ethical duty to keep their client’s informed. Unfortunately, our clients don’t always do a good job of keeping attorney informed of their comings and goings. One of the things that I have repeatedly stated was that the legal process is invariably a lengthy process so you don’t always get the result that you are looking for as fast as YOU would like it. As such, it is important to let your attorney know where you are:
1) Just because you haven’t heard from your attorney, doesn’t mean your case is dead. Alot of times, there will be significant gaps in time while your case is going through litigation or pre-litigation.
2) If you’re going to give up your case, LET your attorney know. Sometimes, people will just abandon their case because they think that there is nothing left to do. As such, they will give up on the case. Unfortunately, attorneys can’t close your case just because you have walked away. If you don’t tell them, they will keep going.
3) Sometimes, not knowing where YOU are will hold up the process. It’s amazing the number of people who don’t appreciate the fact that if the attorney needs to get to know about something and they CAN’T, this holds up YOUR case. You should always be accessible.
4) Give a back up number. Times get tough and alot of times, you may be moving from house to house. Give a few numbers to your attorney so your attorney can locate you if they need you.
Remember, the legal process is a two way street. Even though your attorney runs the case, you may have to make some crucial decisions. If the attorney can’t find you, then how can the decisions be made??
Attorney comparisons: You may be getting what you deserve already
Choosing an attorney is always a tough task. Alot of times, most of us have never had the opportunity to hire an attorney or even work with an attorney. However, once we’ve hired an attorney, it becomes very easy to want to compare our attorney to others who are using or have used an attorney as well.
If you find yourself in a position where you are trying to decide whether you should switch attorneys, here’s a few things to think about when you are trying to decide to make the move:
1) Is it your attorney or is it you? Alot of times, attorneys will take the opportunity to fully advise their clients about the status of the case and what to expect in the long run. Unfortunately, when things get a little tight, clients will get fired up and think that they are not getting what they are supposed to from their attorneys. So before you start kicking over tables, is your attorney doing what they are supposed or is it you getting upset over your situation?
2) Is the attorney doing what they told you they would do? Attorneys have a duty to not create unrealistic expectations. As such, attorneys will usually outline how their firm operates so their clients will appreciate how they conduct their business. Unfortunately, as time progresses, clients sometimes forget about what their attorneys told them. So it’s important to reflect on whether the attorneys are doing what they told you.
3) Sometimes, the process sucks. Sometimes people don’t understand that the process itself is one that can’t be circumvented. You can’t go around it. You can’t expedite it. As a result, almost every attorney who deals with these types of cases are in the same spot.
4) The grass is always greener. Sometimes, people think that if someone has a lawyer who got them their result faster or better, then they should switch. It’s fascinating because in some instances people don’t appreciate the fact that if you switch, you may find yourself in the same situation as before. Of course, you could be in a better situation but you could also be in a worse situation.
It’s important that you carefully evaluate the significance of deciding whether you should switch from your current attorney to a new one. No one is saying that you should have to stay with an attorney who is not providing you the service you desire. However, it’s important that you evaluate whether you are getting the service you’re getting or determining if you are just frustrated that you are not getting what you want fast enough.
Understanding your role in the legal process
My heart goes out to NFL Player Ryan Moates and his family because of this powerfully unfortunate situate he recently went through. If you are not familiar with the siuation (and it’s very sad), check it out here: http://sports.espn.go.com/nfl/news/story?id=4017382. Just to give a few brief background facts, Ryan was driving an SUV and ran a red light while en route to the hospital to take his wife to visit her mother (his mother in law) who was dying of breast cancer and only had a short period of time to live. Unfortunately, a police pulled them over in the parking lot. Despite several statements by Ryan, his wife, family members, another police, and a couple of medical personnel that the mother in law was indeed “on her death bed” and only had short time to live, the police still detained Ryan and his wife for 13 minutes so he could write them a ticket and lecture him about his attitude.
Despite being in what I would clearly call an EMOTIONALLY charged situation, Ryan kept his cool. Of course, we can talk about the significance of the event and how everything was handled by the police but this post is really more about RYAN! He handled himself EXCEPTIONALLY well. Towards the end of the lecture with the police, he was telling the officer ‘yes sir’ and ‘no sir’. How many of YOU could be that cool if your mother was upstairs dying?? (For the record, she had just died by the time the police let them go upstairs).
The point I want to illustrate with Ryan Moates behavior was that Ryan demonstrated his understanding of his role in the legal process. Had Ryan started cussing, getting belligerent or even walked away, his legal situation could have gotten infinitely WORSE!! So many times when we get fired up or emotionally charged about our legal situation, we don’t look at it from the big picture. Bear in mind, your role in the legal process is extremely crucial:
1) Contrary to popular situation, you can make your situation worse! Go ahead and get stank and tell everyone how you’re going to sue your employer and get all this paper. And you know what? Don’t get salty when those SAME people appear on the witness stand to testify how you were telling everyone that you were going to sue your employer and get this paper! What would YOU do if you hear this?? Also, in most situations, you have a duty to ‘mitigate’ your situation. For instance, if you get fired because of wrongful discharge, you can’t just sit on the couch and wait for your law suit to come through. You gotta look for a job!
2) I hope you didn’t think the other side was just going to sit there and take that beating from you! IT’s amazing how people think that when they use the legal process that the other side is just going to TAKE IT! Recognize, every body has the right to defend their position and utilize an attorney just as much as you. More important, if you thow a brick, don’t be made if they throw a concrete block back at you.
3) Look at the LEGAL situation and not your PERSONAL situation. So many times, when we are mad about something, we constantly look at ourselves as the victim. When you feel like this, you don’t want to hear about all of the consequences and scenario. We want vindication. We want revenge. We want someone to go down in flames. However, it is important to be able to stop and look at the whole situation from an objective standpoint so you don’t lose sight of the big picture.
4) Don’t expect anyone to keep FIXING the hole if you keep putting HOLES in the boat! So many times, people think that when they hire an attorney, this allows them the ability to do what the hell they want to during the legal process. Unfortunately, these same people may make their legal situation worse and when they do this, they expect their attorney to fix their situation (even when they are TOLD to NOT to do something). Remember, if you make your situation worse, don’t expect anyone to hang around to help you fix it.
Any legal situation is difficult but understand that you play a role in the process. You can help your situation but you can, also, hurt it. Play it cool and play it smart.
It takes TWO to Tango (Help your attorney out)
It’s fascinating the amount of times people call and blast their attorney when things aren’t moving fast enough or things happening the way they expect them to happen. However, there are times when people don’t stop and see what part they played in the delay. In some instances, attorneys rely heavily on the responses and information provided by their clients. As a result, the delay may be caused by the client as opposed to the attorney.
When attorneys ask you for your information, the sooner you can get it to them, the sooner they can use it to help you with your case. The fact of the matter is that if YOU drag your heals, you can’t really be mad if your attorney tells YOU that he or she is waiting on YOU!!
It gets even more frustrating when clients fail to reveal particularly useful information that 1) you’re MOVING, 2) you’ve given up your case and don’t want to go any more or 3) something that can materially affect your case but YOU decided it wasn’t important to tell your attorney.
Listen, in the legal process, the attorney has the responsibility for the strategy of the case but it’s STILL your case. Don’t drag your ass on things that the attorney needs in order to represent you more effectively. Contrary to popular belief, you are NOT handling this case on your own.
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