I'm not talking about small claims, I'm talking about civil. I mean if someone tries to sue you and they've got a weak case but deep pockets so they hire a lawyer. If you do your research and you're smart, can you defend yourself successfully? I've heard someone say, well, you can't do surgery unless you're a doctor and you can't win a court case unless you're an attorney. But I've heard the same sort of analogies made about car repair. And I've done alright working on my own vehicle.
2007-04-05 16:49:20 · 10 answers · asked by L T 3 in Politics & Government ➔ Law & Ethics
Yes, it can be done. As long as you are respectful you will likely get the sympathy and help of the judge. Be sure you know all of the laws on discovery, pre-trial motions, and evidence. This is where cases are won or lost.
I wouldn't recommend be in proper person (representing yourself). I'm an attorney and I've screwed things up when I represented myself.
No, you can't counter sue for your legal costs unless you can prove that the suit was frivolous and malicious. I think I've seen that done once in the last ten years.
2007-04-05 17:20:03 · answer #1 · answered by Scotty 4 · 1⤊ 0⤋
It is not the research. In fact, if you can research and gather evidence, then you might get a discounted price from an attorney. What hurts people who go Pro Se is their unfamiliarity with rules of law. They might have the greatest case in the world, fantastic evidence, but they don't know how to present the case or to have the evidence admitted.
In addition to knowledge of rules in general, familiarity with the actual court in which the case will be heard is crucial, because every judge has his own style, his own taste, his own likes and dislikes. This kind of knowledge is critical, and only an experienced attorney has it.
As someone else said, if you win the case you can ask the court to award you legal fees and court costs. It won't always happen, but it is certainly worth seeking.
2007-04-05 17:21:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If there is a lot to lose get an attorney (fines/jail time). If there is little at stake defend yourself. I had a friend defend himself and it was pitiful. I was a witness in the case and he really didn't prepare. As a result he lost about 3K. On the flip side, I defended myself when I was involved in a car accident and I won.
I did have an attorney but he was running late. I ended up proceeding because the witness (person I hit) was also running late. They ended up throwing the case out of court because I said one phrase "Here Say". I learned that on www.findlaw.com. If you decide to take your case get into that site immediately. There is a lot of good information that could ultimately help you win your case.
2007-04-06 09:16:58 · answer #3 · answered by Rich B 2 · 0⤊ 1⤋
NO, this just demonstrates that the losing lawyer could not argue with supportive evidence in a more convincing manner. Truth and falsehood are generally not the dimensions of a lawsuit that are cared for. It may so happen that the wrong doer gets a complete acquittal. That could be a reason why lawyers are euphemistically humored as 'liars'.
2016-04-01 00:04:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I'm sure it could be done and won, but seriously, if you want the best chance of winning get a lawyer. You can do all the research you want, i'll bet one thing unfamiliar to you or something you didn't research or expect could throw you off and you'll could quite possibly be screwed. If they've got such a weak case, see if you can counter sue for the cost of you defense.
2007-04-05 17:02:17 · answer #5 · answered by Χαλαρά 7 · 0⤊ 1⤋
Ever heard the phase "A fool for a client"?
Teddy Bundy served as his own attorney and was a very smart guy that researched the law and all and look where he is today!
Convicted and dead!
Get an attorney!
2007-04-05 17:35:44 · answer #6 · answered by Sam 4 · 0⤊ 0⤋
Get a lawyer and counter sue for the legal costs, and lost wages (you have to be at court and not at work). You want an expert to help you.
20 years ago, I know somebody who's brother was on trial for second degree murder and he insisted on defending himself. He is still serving time. The moral of this is trust to experts when it is in your best interest.
2007-04-05 16:57:59 · answer #7 · answered by Kevin k 7 · 0⤊ 1⤋
It's possible but I strongly advise against it. The judge is going to tell you the same thing. This isn't replacing head gaskets. This is your entire financial future. You stand a good chance of losing everything you have now or will have in the future. An attorney would be much less expensive! Please get one!
2007-04-05 16:56:52 · answer #8 · answered by Anonymous · 0⤊ 0⤋
That is called being In Pro Per. Not recommended. Especially if you have a lot at stake.
2007-04-05 17:01:22 · answer #9 · answered by Speaking_Up 5 · 1⤊ 1⤋
if you want to winn the case get a lawyer
2007-04-05 16:57:17 · answer #10 · answered by Anonymous · 0⤊ 1⤋