The worst thing you can allow yourself to do is to become emotional and take action based on anger or hurt feelings. Litigation is no place for pansies and if you can't shore yourself up and do battle like a professional, then you best find legal representation. While you might find yourself angered at certain allegations or comments, it is always best to deal with those matters later when you have calmed yourself. Strategy is the name of the game in litigation. Remember that if the other side is insulting you it is probably because they don't have a leg to stand on. This is particularly true if the other side's attorney is resorting to insults, thinly veiled or not. These are the actions of a desperate soul and as such you should use your critical thinking skills to figure out your advantage.
Wednesday, August 5, 2009
EIGHTH RULE OF SELF REPRESENTATION
The worst thing you can allow yourself to do is to become emotional and take action based on anger or hurt feelings. Litigation is no place for pansies and if you can't shore yourself up and do battle like a professional, then you best find legal representation. While you might find yourself angered at certain allegations or comments, it is always best to deal with those matters later when you have calmed yourself. Strategy is the name of the game in litigation. Remember that if the other side is insulting you it is probably because they don't have a leg to stand on. This is particularly true if the other side's attorney is resorting to insults, thinly veiled or not. These are the actions of a desperate soul and as such you should use your critical thinking skills to figure out your advantage.
Thursday, June 25, 2009
SEVENTH RULE OF SELF REPRESENTATION
You will be way ahead of the game if you treat your court clerks with respect and dignity. Do your best to be on a first name basis. Clerks can't do favors for any one person, but sometimes it pays to know people, particularly when those people process your documents. By the way, all clerks love candy. I don't care if they are court clerks or clerks at the recorder's office; See's candy is a sure winner during the holiday season.
Wednesday, June 24, 2009
SIXTH RULE OF SELF REPRESENTATION
You can hire an attorney to handle small portions of a lawsuit. This practice, commonly known as Limited Scope Representation or "Unbundling" allows you to hire an attorney just for the tasks that are beyond the scope of your knowledge and for those tasks that require legal acumen. Attorneys can appear for hearings, draft documents, and perform research on an "as-needed" basis. You can retain an attorney on a limited scope basis and also hire a legal document assistant to prepare and process your legal documents. In this regard, you are armed with the professional assistance necessary to handle your own legal matter decisively and with aplomb.
Tuesday, June 23, 2009
FIFTH RULE OF SELF REPRESENTATION
Keep your materials organized. Use a binder or binders. Keep your binder up-to-date and tabbed so that you can locate important documents in a single moment. Put like with like. Keep in chronological order - new documents in front of older documents. Have everything at your fingertips. A well organized litigant is a smart litigant. It is truly a moment when during a hearing the judge asks the attorney for the other side for a document and you promptly offer up the document while attorney is unable to locate his own document.
FOURTH RULE OF SELF REPRESENTATION
You must have working knowledge of the various rules of Court. Each county has its own Local Rules which you must follow. You must also follow the California Rules of Court and all applicable codes and statutes. There are 29 Codes for the State of California, all of which may be found at http://www.leginfo.ca.gov/calaw.html.
THIRD RULE OF SELF REPRESENTATION
Do your own research. Each county has a local public law library with Librarians who are ready and quite willing to assist you with your inquiries. There are attorney materials available that can lead you step-by-step through procedures and forms as related to your legal matter. Take a "thumb" drive or change for the copier and download or copy all the materials so that you can reference necessary information as your case develops. You may find your local county law library at http://www.publiclawlibrary.org/find.html.
SECOND RULE OF SELF REPRESENTATION
It helps when you write everything down. Start with a chronology of events which should include dates, times and other detailed information. Then keep notes from your consultation with legal counsel. The zone between the attorney's office and the law library is called "The Zone of Forgetfulness." Do not believe that you can remember everything because you can't. Keep voluminous notes - you will be glad you did.
Monday, June 22, 2009
FIRST RULE OF SELF REPRESENTATION
That's right. The first action you should take is seek competent legal advice. That means meeting with a licensed attorney. It is far more prudent to pay for legal advice before you act rather than paying an attorney to try to clean up after you made a mistake or lost rights. The courts can be a dangerous playground, even if you think your case is 100% favorable. Better safe than sorry is the philosophy behind Rule No. 1.
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