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.
If you need help, don’t have an attitude
I am always amazed how people who feel that they have some sense of entitlement or feel that they have a strong case or feel that you have DUTY and RESPONSIBILITY to help them tend to communicate these feelings in an aggressive manner.
In other words, I’m always amazed by people who are asking for help will get an ‘attitude’ when you don’t jump up and pay attention.
I know these words may seem over simplified and PLEASE don’t think that I am trying to insult ANYONE’s intelligence. However, you have to keep things in their proper perspective. When you are trying to ask someone to help you with a matter or situation that needs to be resolved, the last thing you want to do is walk into their office or their space and ACT like they need to ‘buck up and step right’!
Some of you may still be confused about what I am talking when I’m saying these things. Let me take it a step further. Anytime you are dealing with people who are providing professional services, you have to remember that they are professionals and they are offering to provide a service.
Remember, this is just an OFFER! They don’t HAVE to serve you. It really doesn’t help your situation or your case to walk around with your lip poked out or your chest poked out think that you are entitled to receive a certain amount of treatment or service just because YOU demand it.
Now, don’t get all bent of shape. I’m not saying that if you have a great case that you should be humble or that you should be shy. What I am saying is that you gotta be careful going into a meeting or discussion with a professional (like a doctor, mechanic, or attorney) and have this chip on your shoulder.
And for those of you who still may not understand why some professionals may not like to deal with an attitude, here are a few other things to consider:
1) If you got attitude now and you are ASKING for help, what makes you think you want have MORE attitude later. Think about it. Here you are asking for help and you got ALLLLLL kind of mouth! When you step to someone like that, there is no reason to believe it won’t get worse.
2) Life is filled with stress already so why should YOU add to it? I work with people all the time who are devastated by their financial situation. So I understand how stressful life can be. In all instances, I reiterate to people that I am THERE for them so they understand that I am a part of the solution and not the problem. However, some professionals have a lot of stress to deal with it and if YOU are going to add to that stress, then why should they bother?
3) You MIGHT be a NIGHTMARE! Sometimes, when you complain a lot or have an attitude about everything, this sends a HUGE message to the professional that you may have some unrealistic expectations about what you expect to have happen. As a result, this may be a problem because if you have it in your mind of what YOU expect to have happen (despite what is being told to you), you may make things more difficult for those who are trying to help you.
4) Just because I have a suit on doesn’t mean I am SOFT! Sometimes, we get into these positions where we believe that individuals who provide us services are weak. As a result, we feel the need to exert our influence on them to let them know that we will not be denied. However, don’t EVER think in your mind that just because someone is polite and articulate and has a suit that they can’t get JIGGY!! I knew an attorney who cussed someone out who was repeatedly rude to her despite her best efforts. After several visits, she clicked and he learned very fast that she was much more aggressive than he thought she was.
Now, I am not going to sit around here and act like I have never had an attitude about something. I have walked around with the hoochie and gotten live with people on more occasions than I probably should have. However, after almost 8 years of practicing law, I realize that you really get more out of people when you are kind as opposed to kinding being rude. Remember, if you don’t want anyone coming at you with attitude, what makes you think that they want attitude?
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??
