The right to represent oneself is recognized by courts. While courts tend to be lax when dealing with a pro se litigant, it does not mean that courts will bend rules of procedures just to accommodate a pro se litigant. A judge may be more patient and go an extra mile in explaining flaws in the paperwork submitted rather than dismissing or rejecting it outright as when a lawyer files it on behalf of a litigant he represents.
Being in this business for quite some time now have exposed us to individuals who tried to do it on their own, failed, and come to us for a quick fix. Let us discuss the reason why they failed:
1. Reliance on the clerk of court. Remember that the clerk of court’s duty is to stamp and file the paperwork you file. They will check if you filed the right form but they will not go as far as to go beyond the face value of your documents. It is not their duty to teach you how to fill up their forms.
2. Emotions Get In The Way. Any battle can drain us physically and emotionally. The same thing is true in a legal battle. We take things personally, and rightly so, because that’s the primary reason why we fight for our rights – to protect ourselves. Sometimes emotions affect our line of reasoning, and for this reason it cannot be helped that there are litigants who tend to argue based on emotions. The same thing holds true even in the case of the brightest of litigants who know the law – they get side-tracked by emotions. The thing is, the judge expects a litigant to explain his legal dilemma minus the emotions. He will expect a litigant to state his right that is protected by law, to state facts that show such right has been violated, and to cite a remedy that the law provides which the court must grant. Giving the judge a long narration of events and how it affected you emotionally will not help your cause inasmuch as judges make their ruling based on the law, not emotions.
3. Lack of knowledge about the law. It is not enough that you cite provisions of the law based on what you have gathered from sources online. Judges look at what you cite as cause of action and the pertinent law on the matter. A litigant cannot file a civil case and expect the judge to make a ruling finding the other party guilty of a crime. Unless you are seeking civil damages as a consequence of a crime, a litigant cannot and should not muddle civil and criminal causes of action.
In situations like these, it is best that you let a legal document preparer help you sort out your legal problems and/or prepare the paperwork required by the court. Legal document preparers make sure your documents meet the court’s standard when you submit it in court. If you want to have a better understanding of the law and what your rights are, you can ask a legal researcher for help or you can even take short courses. Since the case is not personal to them, document preparers can prepare your paperwork in a more rational manner without being side-tracked by emotions.
To summarize, even if you are representing yourself pro se, your paperwork will be appreciated by the judge if all the following 3 Fs are present:
Form is proper according to court rules
Facts, not feelings
Familiarity with the law
This blog is not legal advice, but shares information on the law. We are living in hard times; people lose their jobs and many are struggling to make ends meet. Legalbargain.net gives back to society by sharing it’s knowledge and producing advocacy videos to put justice within the reach of those who believe justice is only for those with money.
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