Stop Arguing With Pigeons! How Dealing With Self-Represented or Being Self Represented Can be Disaster

Hi All!  Happy Late-Winter (or just not snowing) as they say in Chicago!  I've missed you and been so busy that I haven't had much time to write.  However, what has been plaguing me is something I decided to write about today.  That is:  the bain of the self-represented person and how people refusing to hire competent counsel to help them, even when they think it's simple, can really drive up costs, cause ethical complaints, and in general, just raise the difficulty and complexity of any matter.

So in my usual form, here are some good rules of thumb to follow in relation to legal or real estate problems, in no particular order, as news you can use!

1. Do NOT ATTEMPT to Represent Yourself!  When you are confronted with an issue, it's usually best that you get a sounding board, the advice of someone you trust, and who has some experience and specialized knowledge.  While we may all be able to relate to family issues, matters of the heart or mutual fear of the IRS, what is truly unwise is to take on the legal system yourself if you are not a trained lawyer, and sometimes, even if you are.    When someone is involved in a legal dispute, quite simply their minds go nuts.  They cannot focus, they lose the ability to read, rationally process simple concepts, and their penchant for anger and emotional outbursts are dramatically increased.  In order to preserve your mind, your wallet and your position, just hire a lawyer.  I am working on a case against a lawyer who claims he has been practicing for 15 years, and his filings are so bad, even the judge wrote on a post-it note that this was the "worst complaint ever."  Now, that is significant.  When it's important, get help.
2. Do Not Attempt to Try to Talk Out The Issue With the Other Side.  Normally it's good for parties to talk, to try to work things out.  But when one side is Pro Se (self-represented) there is too great a chance that things can get misconstrued.  The best bet is to keep things in writing, and if at all possible through an intermediary, like the court.  While administrative matters are important to work out - talking about the law or the facts can result in fiery tempers, or worse.  The best bet is to keep quiet and let the middle-man work it out.  That is why you are in court, after all (to  get an unbiased decision).
3. Keep good records.  People who are not lawyers may not understand the nuances of what is proper behavior, what make up appropriate court filings and actions, and what is required under the law vs common practice.  If someone files something in court that does not necessarily "trigger a court date" and often it is the case that unrepresented people think that just getting a file-stamp from a circuit court means more than what it is.  Adding something to a court record does not necessarily get that issue or paper before the judge.  Moreover, just filing something and sending that filing to the other side doesn't mean that the court has the power to act on that filing.  When you have competent help, then you can understand the import of every action, and the corresponding reaction.  It's best to be sure.   You need to keep excellent records, including every email, every filing, every letter and post-it.  You simply never know when you will need it.
4. Refusing to Hire Counsel Doesn't Make Things Easier or Cheaper in the Long Run.  One thing that is important to recognize and may not be obvious is that when one represents themselves, not only might they have a fool for a client (thank you Abraham Lincoln), but if they are not trained in the law, then their non-sensical filings and misunderstanding about legal analysis and how to connect the dots for a court, may end up not only costing the case, but they usually result in more fees.  This is because when something frivolous or baseless is filed in a court, the judge can actually penalize the litigant and make them pay the fees of the other side.  This can mount to many thousands of dollars.  As such, it not only may not save one in costs, but depending on the cost of the other lawyer, one may end up deeply in debt without ever having hired counsel.  The big picture?  If your case is good, there will be a competent and affordable lawyer to take it and to help.  If your case is good, then there will be a theory that fits and a court than can hear it, and your claim can be proven and believed.  IF you proceed on your own, all of those things are in question, as well as your judgment.  And, once a Court doubts your judgment, it will no doubt, doubt your position and argument.  Best to leave the bad juju at home.

Overall, while each case and situation must be evaluated on its own, I can tell you clearly and honestly that for every case that I've had where any of the players represented themselves (even my clients before or after they worked with me), have all had a rough time in getting where they wanted to go on their own.  Also, when I oppose someone who is self-represented, not only is it a more frustrating experience, it's more expensive for my clients.  Competent counsel know how to resolve cases and make appropriate filings. 

In some areas, it's simply  best not to mess with time-tested models.  The law is no place to start gambling!  

For News You Can Use, and other Musings, follow me on Facebook at Levin Law, Ltd. check out my website at www.levinlawltd.com, or see what people on Yelp are saying in Chicago (at Levin Law Ltd).  I look forward to seeing you around - and as always, welcome your comments!