How to Try Your Own Case

It is said that someone who decides to serve as his own attorney has a fool for a client. Unfortunately for most sorry pro se litigants, the judges tend to agree. Although many judges are sympathetic to self-representation, litigants who cannot follow basic civil procedure are doing themselves more harm than good. In fact, judges can turn downright hostile to the hordes of would-be Melvin Bellis who clog up their courtrooms with unnecessary delays. Self-litigants may sometimes win, but frankly, the system is rigged against them. So what do you do if you have a burning desire to sue someone and limited means?

First off, read up. You will quickly discover that the law is not alchemy. You can learn plenty by reading statutes and case law (see Represent Yourself in Court, published by Nolo Press) and by studying the rules of civil procedure and the rules of the court that will hear your case. With enough research, it is quite possible to bring or defend a lawsuit without legal representation.

However, no matter how strong your arguments, if you present them badly, you will probably lose. As an amateur, you are bound to make a major mistake somewhere. The opposing attorney certainly won't point it out, and don't expect the judge to bail you out either; judges are bound by a code of ethics requiring them to be impartial. As they say, ignorance of the law is no excuse-and neither is incompetence. The solution is to hire a legal coach to help you.

Legal coaches are trial lawyers who offer partial representation to clients on an hourly basis. Coaches can help you prepare pleadings, subpoena witnesses, present testimony, file motions, etc. They can also make suggestions as to where you can find information that will considerably shorten the time you spend doing research. Most importantly, legal coaches help you navigate that Minotaur's maze known as the American legal system. Why put in all that work only to have your case dismissed because you missed a filing deadline?

Although not all civil litigators are wild about doing hourly work (no chance to earn part of a juicy settlement), there are some who will take it on. If you can't find a good local attorney, for $144 per year you can join the Legal Club of America, which maintains lists of available legal coaches.

Whoever you select, make sure you have an agreement that spells out what services you expect your attorney to provide for you. Be chary with your coach's time. Most attorneys bill in tenths of an hour. Even at their full hourly rates, though, you should save a bundle over full representation.