Try Your Own Case (eBook)

How to represent yourself in court

Jordan Marsh (Autor)

eBook Download: EPUB

2024 | 1. Auflage
412 Seiten
Bookbaby (Verlag)
979-8-3509-6941-2 (ISBN)

Infos

Try Your Own Case includes: •15 chapters of instruction, explanation, tips and illustrations regarding every phase of the litigation process, from investigating your case through trial. •Glossary of Legal terms •112-page appendix with forms, instructions, and sample pleadings. In Try Your Own Case, veteran trial lawyer Jordan Marsh takes his decades of courtroom experience and lays it all out to give self-represented litigants a fighting chance to get the best result possible in court. Try Your Own Case is an exceptionally readable guide to a complicated process, using common sense, humor, and plain English to walk through the different elements of a lawsuit. Whether you have tried unsuccessfully to find an attorney to represent you, or you are determined to go it alone -- or if you need to file your lawsuit before the statutory deadline -- this book will walk you through the litigation process and give you the tools to try your own case effectively and persuasively. It is estimated that at least 75 percent of civil cases nationally include at least one self-represented (pro se) litigant. According to a recent study, more than 25 percent of all federal civil cases are filed by people without lawyers. That's a lot of self-represented litigants, most of whom are going up against qualified and well-paid attorneys. If you're going it alone, you should have the tools to navigate the legal system competently. This book is your toolbox. A good attorney's greatest asset is knowledge. Knowledge truly is power. This book is here to walk people without lawyers through the civil justice system and provide them with the knowledge to navigate this complicated system and put up a good fight.

Jordan Marsh has been trying cases for three decades. He began his career as a legislative intern before moving on to the City of Chicago Law Department, where he represented the city and its employees in personal injury, civil rights, and other matters. Jordan litigated countless cases in state and federal courts, ranging from soft-tissue cases to catastrophic injury and wrongful death cases, trying more than 70 cases to verdict. Jordan was named one of the 40 Illinois Attorneys Under 40 to Watch by the Chicago Daily Law Bulletin, which hailed him as 'one of the city's most energetic and resourceful trial attorneys.' Since 2016, Jordan has been representing citizens against law enforcement and other government officials, as well as insurance companies and corporations, obtaining millions of dollars in settlements and verdicts for his clients. Jordan has taught trial advocacy classes, coached, and judged trial advocacy competitions, and served as a faculty member with the Kirkland Institute for Trial Advocacy. Jordan lives in the Chicago area with his family and a dog named Paulie.

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In Try Your Own Case, veteran trial lawyer Jordan Marsh takes his decades of courtroom experience and lays it all out to give self-represented litigants a fighting chance to get the best result possible in court. Try Your Own Case is an exceptionally readable guide to a complicated process, using common sense, humor, and plain English to walk through the different elements of a lawsuit. Whether you have tried unsuccessfully to find an attorney to represent you, or you are determined to go it alone, this book will walk you through the litigation process and give you the tools to try your own case effectively and persuasively. It is estimated that at least 75 percent of civil cases nationally include at least one self-represented (pro se) litigant. According to a recent study, more than 25 percent of all federal civil cases are filed by people without lawyers. That's a lot of self-represented litigants, most of whom are going up against qualified and well-paid attorneys. It doesn't seem like a fair fight. But isn't the point of a justice system to decide cases fairly? That's the general idea, but it rarely works out that way. The American judicial system -- like the judicial systems in most countries -- is adversarial. That means courts attempt to reach the best result and find the truth by two (or more) sides essentially competing against each other within the rules to convince a judge or a jury that their side should win. But that assumes both sides to a lawsuit have roughly equal resources and representation, which is often not the case. Fair or not, our legal system is not going away anytime soon. This book is an attempt to even the playing field between litigants who are represented by attorneys and those who are not. How? Through knowledge. A good attorney's greatest asset is knowledge. Knowledge truly is power. This book is here to walk people without lawyers through the civil justice system and provide them with the knowledge to navigate this complicated system and put up a good fight. Try Your Own Case includes: 15 chapters of instruction, explanation, tips and illustrations regarding every phase of the litigation process, from investigating your case through trial. Glossary of Legal terms 112-page appendix with forms, instructions, and sample pleadings. If you're going it alone, you should have the tools to navigate the legal system competently. This book is your toolbox.

Textauszug

Introduction

Hello, and welcome to Try Your Own Case, the ultimate guide to representing yourself in court, also known as “pro se” litigation. “Pro se” is Latin for “on one’s own behalf.” In plain English, it means you’re representing yourself in a legal matter rather than being represented by an attorney.

If you’re reading this book, chances are:

1) you are representing yourself in a case;

2) you’re thinking about representing yourself in a case; or

3) you picked this up at the bookstore and realized you’ve wandered away from the romance novel section.

Either way, thanks for reading!

Who should read this book?

The late Stan Lee, founder and publisher of Marvel Comics, once said, “We don’t care if you buy our comic books for the staples.” You can buy this book for any reason you want, including to use as a paper weight. But I wrote it for anyone who wants to learn about how the civil justice system operates. Specifically, this book will be most helpful for the following:

• Anyone currently representing himself or herself in court

• Anyone considering representing himself or herself in court

• Anyone who wants to file or defend a lawsuit and has not yet found an attorney

• Anyone who wants to understand the litigation process, including law students and new lawyers

• Anyone who wants to buy a gift for any of the people described above

Why I Wrote This Book

As an undergraduate at the University of Wisconsin-Madison (Go Badgers!), I became active in student government, and went on to law school because I thought I could make a difference in people’s lives as a government lawyer. It was not until I took an Evidence class in law school that I realized I wanted to be a trial lawyer. So, after law school, I found my way to the City of Chicago Law Department, where I worked for nearly 20 years representing city employees, including Chicago police officers, in personal injury and civil rights cases. I litigated countless cases and tried dozens of jury trials in state and federal courts. I was named one of the 40 attorneys under 40 to watch by the Chicago Daily Law Bulletin. I coached a trial advocacy team, judged trial advocacy competitions, and taught trial advocacy to undergraduates and law students. I served on the faculty of the Kirkland Institute for Trial Advocacy, where I worked with young lawyers to improve their trial skills. But mostly, I tried a lot of cases and loved it.

In 2016, I went into private practice, representing individuals against the government and insurance companies. They say you can’t fight City Hall, but there’s a group of people who do it every day, and I’m honored to be among them. I’ve represented kids, moms and dads, grandparents, prisoners, police officers, teachers, and all sorts of other people. I’ve obtained millions of dollars in settlements for my clients and, just as importantly, provided a voice and guided them through the unfamiliar and sometimes hostile legal world.

I’ve been fortunate enough to have spent years representing both plaintiffs (the people who file lawsuits) and defendants (the people being sued), giving me a valuable perspective on what it takes to win a case from both sides.

But as much as I enjoy being able to help people, there are so many I can’t help. Many law offices, including my own, have to turn down clients and cases every day for a variety of reasons. As a result, thousands of people are forced to go it alone if they want to assert their rights in court. The Sixth Amendment to the United States Constitution guarantees the right to an attorney for all criminal defendants, but there is no such right for people involved in civil lawsuits.

CRIMINAL VS. CIVIL CASES

Criminal cases (prosecutions) are brought by the government against defendants for violations of criminal laws, while civil cases (lawsuits) are brought by private citizens, corporations, and the government for non-criminal violations. This book relates only to civil cases.

It is estimated that at least 75 percent of civil cases nationally include at least one self-represented (pro se) litigant. (A “litigant” is a party to a lawsuit, usually a plaintiff or a defendant.) According to a recent study, more than 25 percent of all federal civil cases are filed by people without lawyers. That’s a lot of self-represented litigants, most of whom are going up against qualified and well-paid attorneys.

It doesn’t seem like a fair fight.

But isn’t the point of a justice system to decide cases fairly? Yes, that’s the general idea, but it rarely works out that way. The American judicial system, like the judicial systems in most countries, is adversarial. That means courts attempt to reach the best result and find the truth by two (or more) sides essentially competing against each other within the rules to convince a judge or a jury that their side should win.

The idea is that competition is the best way to get to the truth. For that to work, both sides should be evenly matched. Each party should have roughly the same level of skills, talent, and resources, or have a lawyer with those qualities. Unfortunately, most cases do not feature evenly matched parties.

The rules that govern civil litigation are supposedly neutral. But they are also complex and sometimes difficult to understand for those who do not have legal training, and even for many trained lawyers. The complexity of the web of rules and laws that govern civil litigation naturally favors the side with the best attorney who has the best training and experience to strategically use those rules to gain an advantage over the other side. The rules also favor litigants who can afford to hire the best experts and consultants.

There’s another fundamental unfairness at work here. If you’re a plaintiff (the party who files a lawsuit), more often than not, you have to find a lawyer who will represent you on contingency. That means the lawyer will be paid by taking a percentage of the amount the plaintiff receives in the lawsuit, whether by verdict after a trial or by settlement. But what if the case isn’t worth that much in terms of damages (the financial value of your injuries)?

Let’s say you were arrested without probable cause, spent a couple of hours in jail, and then released without being charged with a crime. You probably can’t expect a large sum of money even if you win your case, so finding a good attorney willing to take that case may be difficult. Or maybe your case is tough to win. What if it’s a toss-up instead of a dead-bang winner? What if you’re suing a correctional officer in an area where the local prison is the largest employer and most jurors know someone who works for the prison? What if you’re black and the vast majority of people in the area who will decide your case are white?

These things make it more challenging to attract a qualified attorney to take a chance on your case. Because if you lose your case, you will get nothing—and your attorney will also get nothing.

But someone with the resources to hire an attorney – such as a municipal government or a corporation – doesn’t have to worry about that. A government defendant can (and will) use tax dollars to hire an attorney, no matter how bad their case is. The same applies to an insurance company or other corporation, or any person with significant financial resources. That attorney will get paid, win or lose.

How fair is that?

Fair or not, that is our system, and it’s not going away anytime soon. This book is an attempt to even the playing field between litigants who are represented by attorneys and those who are not.

How? Through knowledge.

A good attorney’s greatest asset is knowledge. Knowledge truly is power. This book is here to walk you through the civil justice system and provide you with the knowledge to navigate this complicated system and put up a good fight.

What To Expect From This Book

During my first year of law school, one of my professors explained his goal for the class:

“I want you to be able to go toe-to-toe with the other guy and say, ‘Let’s get it on.’”

That’s what I want for you. If you have to fight, you should have a fighting chance.

But I want to be clear about something: This book will not make you an attorney or provide the knowledge equal to that of an attorney. Not even close. Without an attorney, you will still be at a disadvantage. You should be at far less of a disadvantage once you’ve read this book, but if you can hire a qualified attorney to represent you, I highly recommend you do it. There is simply no substitute for competent counsel working on your behalf.

In fact, one of the possible outcomes of reading this book is that you will realize how complicated the process is, and you will be convinced to try to obtain an attorney.

Having said that, I understand that most self-represented litigants have tried to obtain an attorney but have been unable to do so. Additionally, many people need to file...

Produkt-Details

• Erscheint lt. Verlag: 22.8.2024
• Sprache: englisch
• Themenwelt: Recht / Steuern
• ISBN-13: 979-8-3509-6941-2 / 9798350969412