Wednesday, November 27, 2013

The Pro Se Way

The jury is out on my decision to handle a personal legal matter the pro se way, that is, to represent myself in court.  I see my current situation as one more David vs. Goliath event in a series.  The slingshot is an effective weapon, especially when the giant is unaware of its full potential.  My experience with giants is that the bigger they are, the more difficulty they have with their vision.

Today's post is about my opinions and beliefs.  Use it for your own entertainment purposes only.  If you're seeking legal advice, please consult an attorney.  Here's how I'm planning to use my slingshot in court and how I feel about my chances for a successful outcome:
  1. Learn everything I can about my opponent.  This is what great football coaches do when they're preparing for game day.  They study tapes, learn about all the strengths and weaknesses of the opposing players and look for patterns and tendencies.  In my situation, this includes reading transcripts from prior cases, reading news stories about violations of the law, and looking for patterns of behavior.
  2. Learn everything I can about the law in my new home state.  The key to avoiding penalty flags is to know all the rules of the courtroom.  The judge expects me to conduct myself at the same standards all attorneys must adhere to.
  3. Make sure my defense is so strong that the plaintiff will be unable to score any touchdowns.  This includes challenging my opponent's claim that he is entitled to sue me.
My opponent hired a top-notch law firm to litigate this case.  On paper, the odds appear to be against me.  In fact, my opponent wins 95 out of every 100 cases.  Upon closer inspection, I see a great opportunity to use my slingshot effectively.  Today I'm filing an answer to the summons and complaint.  95 defendants out of 100 fail to do this which leads to a default judgment for the plaintiff.  4 out of 5 of the remaining defendants handle their case the Pro Se way.  And 1% hire an attorney to represent them in court.

Should my case proceed to trial, I'm aware my opponent will attempt to intimidate me when we meet face-to-face before the trial begins.  He will flash his credentials.  I admit, they're impressive.  The senior partner is licensed to practice law in multiple states and owns multiple businesses.  He may even bring more than one attorney with him to try and rattle my nerves.  He has no idea the kind of fire I've been refined in.  He has no clue about the size of the giants who came before him, may they rest in peace.

I have two goals for this case.  The first is to win outright or convince the judge to dismiss this case with prejudice.  There will be no negotiating.  I'm all in.  The second goal is to self-publish a book about my experiences in the courtroom.  In my opinion, there are many similarities to self-publishing and doing things in court the Pro Se way.  What's your opinion?  Please email me or leave your comment below.

No comments: