If you represent yourself then you are considered to be your own lawyer. That means you will be treated like a lawyer when it comes to following rules and laws. Ouch! Here are seven tips for awakening your inner super lawyer.
Learn about the legal process.
The basic legal process is really quite simple, but you need to understand the basic flow of a case through the court system and what point you are at in that flow. Learning about the process demystifies it and helps you feel more confident about what you are doing. If there is a Citizens Law Academy, or something similar, in your area take advantage of it. You will learn directly from lawyers how your legal system works.
Learn the rules.
When representing yourself you have to follow all the same rules lawyers do. If you do not follow the rules, you may be subject to the same penalties as if a lawyer represented you. For example, if you fail to file required paperwork with the court your case might be postponed to another date or dismissed entirely. It could also result in other unfavorable rulings against you. If you do not know at least the basic rules and the other party has a lawyer, that lawyer is likely to use the rules to get their information in and keep your information out. We will cover some basic rules in this book. In most U.S. jurisdictions you can find the specific rules that apply to you online.
Do your homework.
You have heard the saying “Knowledge is power”? In the legal system it really can be. I already told you that you need to know about the court process and rules. You also need to know everything you can about your case. Don’t worry; I’ll give you some tips on how to do it.
Be objective.
“What? Objective? Who are you kidding?” No, I am serious. I know you have something at stake in your case, which is frankly an incredibly subjective thing. However, if you want to be successful, you need to be able to step back and objectively look at the strengths and weaknesses of all sides, as well as the risks and benefits of proceeding through the court process. When doing your analysis, put it on paper (or your computer screen). Seeing it in black and white can help depersonalize it – just pieces of a puzzle to be worked out.
Be respectful.
If you show disrespect or try to abuse the legal system it can come back to bite you on your hind quarters. Courtesy and respectful behavior make you more likeable. Judges and juries are not supposed to make decisions based on who they like better. But think about it, are you more likely to truly listen to what someone has to say if you like them or if you think they are an obnoxious jerk? Be the likeable one.
Be on time.
The court has a very busy schedule and only a limited amount of time to hear cases. It is also not a good idea to keep the judge who is going to decide your case waiting. Do not lose your case because you were late. For a lawyer, missing deadlines and hearings can mean malpractice. Do not put yourself in the position of wishing you could sue yourself for malpractice.
Keep a file.
Going hand-in-hand with knowledge on the power wagon is preparedness. You are responsible for knowing everything happening in your case. Keep a copy of every document or piece of information that is filed or that is delivered to the court. Keep everything organized in a file folder or folders. In some jurisdictions you can view your case history online. If you have that resource, use it! Monitor everything that is happening with your case. Sometimes things do not get communicated from the courts, whether it be a clerical error, something is “lost in the mail” or whatever. Take advantage of multiple sources of information when you can, and keep track of it in your file.
