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| “For some, the decision to self-represent reflects a confidence in their own knowledge and ability to navigate the system; for others it’s a distrust of lawyers.” |
The increase in self-representation among family litigants creates challenges for the justice system as well as for lawyers and their clients. It is clear that a significant amount of self-representation will be a permanent feature of family justice; lawyers, judges and the justice system will have to deal more effectively with family litigants without lawyers. There will, however, also continue to be a critically important role for good family lawyers, and the rise of interest in self-representation is actually creating some new opportunities for providers of legal services.
Pro Se HQ: Argument To Legal Reasoning Formula
Excerpt from blogpost:
Let's discuss the arguments that a pro se litigant, attorneys, and judges make during the course of a legal matter before a court of law.
Pro se litigants need to understand the concept of "argument" because this is usually the intersection where the law and (JSHIT) hit the fan.
Any presentation of a basis in law and fact is meaningless without an understanding of the concept of "argument."
When the layman thinks of arguments, he or she usually resorts to the common thought of making statements leading from a premise to a conclusion. To do this is what leads to many pro se litigants failing to present their case properly. This is because their presentation takes on the form of a "street level" argument and it is lacking in a basis in law to support their facts.
The discourse described above can be said to lack "legal reasoning." Hence, pro se litigants as well as lawyers, and judges must be able to finish or complete this formula: Facts + Laws > Legal Reasoning.
In chemistry a chemist is able to show, by a formula, that the combination of: A + B > AB, so too the pro se litigant must be able to show that their Facts + Laws > Legal Reasoning, and thereby said presentation becomes persuasive.
Blacks Law Dictionary's definition of the terms is not required to understand the two terms of "argument" and "reason." The definition given by Merriam Webster's 11th Collegiate Dictionary for the terms are as follows:
Argument- 2a: a reason given in proof or rebuttal b: discourse intended to persuade 3b: a coherent series of statements leading from a premise to a conclusion.
Reason- 1a: a statement offered in explanation or justification b: a rational ground or motive c: a sufficient ground of explanation or or logical defense: especially: something (as a principle or law) that supports a conclusion or explains a fact d: the thing that makes some fact intelligible: CAUSE.
Once more I drive home the premise that to take a matter to court you must be armed with a basis in fact and law. Understanding the definitions above we can see why.
Starting with a set of facts, the plaintiff or the defendant has to gather evidence to show that said facts did or did not occur. Then based upon the occurrence or non-occurrence of some facts he or she must state what the law says if a set of facts has or has not happened. Example: if one takes something that doe not belong to him or her, or he has no legal right to take that thing a theft occurs. If he or she can prove that they did not take or had a legal right to take the thing a theft has not occurred.
In the above if a thing is proved to be taken and that the taker lacked a legal right to take the thing the law says that a theft has occurred. Here is where one must get their basis in law correct by referring to the statutes of the jurisdiction that they are in. If I may cross the line and become "long-winded,"
Review from the late Carl Fredrich, founder of the American Pro Se Association
ReplyDelete2012 ~
" "How to Win a Lawsuit Without Hiring a Lawyer" is a very informative book -- and for those who find themselves in certain circumstances it can be said to be indispensable. The book might be more appropriately entitled: "Pursuing A Lawsuit Without A Lawyer: Even Against the Authorities." This book, as far as we know, is the only simplified low cost resource addressing an area of increasing need -- where one's rights have been trampled or denied by police or other officials and how you can do something affordable about it. The book actually contains an enormous amount of information and legal theories and specific instructions on how to proceed with respect to a number of issues.
Considering it is a generic law book written to address both Federal and all 50 states laws, it possesses both the advantages and drawbacks inherent in covering so much territory. The book also addresses this difficult problem and stresses the need to consult specific state statutes and/or the necessary specific information on any administrative law forums should they be applicable. (These are often called 'administrative law court' but they are really central panels of the administrative branch -- not judicial branch of government.)
“Justice is a part of the human makeup. And if you deprive a person of Justice on a continuous basis, it’s really an attack (and not to get religious or anything) but it’s an attack on the human soul. We have, as societies, evolved ideas of Justice and we have done that because human nature needs Justice and it needs resolution. And if you deprive somebody of that long enough they’re going to have reactions…” ~ Juli T. Star-Alexander – Executive Director, Redress, Inc.
ReplyDeleteRedress, Inc. 501c3 nonprofit corporation, created to combat corruption. Our purpose is to provide real assistance and solutions for citizens suffering from injustices. We operate as a formal business, with a Board of Directors guiding us. We take the following actions to seek redress: Competently organize as citizens working for the enforcement of our legal rights. Form a coalition so large and so effective that the authorities can no longer ignore us. We support and align with other civil rights groups and get our collective voices heard. Work to pass laws that benefit us and give us the means to fight against corruption, as is our legal right, and we work to repeal laws that are in violation of our legal rights. Become proactive in the election process, by screening of political candidates. As individuals, we support those who are striving to achieve excellence, and show how to remove from office those who have failed to get the job done. Make our presence known through every legal means. We monitor our courts and judges. We petition our government representatives for the assistance they are bound to provide us. We publicize our cases and demand redress. Create a flow of income that enables us to fight back in court, and to assist our members impoverished by the abuses inflicted on us. Create the means to relieve the stresses on us, as we share information and support each other. We become legal advocates for each other; we become an emotional support network for each other; we problem solve for individuals on a group basis! Educate our judges, lawyers, court personnel, law enforcement personnel and elected leaders about our rights as citizens! Actively work to eliminate incompetence, bias/prejudice, special relationships and corruption at all levels of government! Work actively with all media sources, to shed light on our efforts. It is reasonable to expect that if the authorities know we are watching and documenting, that their behaviors will improve. IT'S A HUGE TASK! Accountability will not happen overnight. But we believe that through supporting each other, we support ourselves. This results in a voice for justice and redress that cannot be ignored. Please become familiar with our web site, and feel free to call. We need each other - help us to help you! Although we are beginning operations in Nevada, we intend to extend into each state in a competent fashion. We are NOT attorneys, unless individual attorneys join us as members. We are simply people helping people. For those interested, we do not engage in the practice of law. You might be interested in this article Unauthorized Practice of Law on the Net. Call Redress, Inc. at 702.597.2982 or e-mail us at Redress@redressinc.com. WORKING TOGETHER TO ATTAIN FAIRNESS