I learned that while it's easier said than done, pare down the language as much as possible.
If I were to give a pro se litigant one piece of advice, it would be that. If you've followed some of my posts, you know that I consider court the most inefficient aspect of business in our system. Lawyers, judges and vested interests have to debate for years before they even consider faxes or telephonic sessions, etc. Sit for hours to get a 15 minute hearing and then try to charge little people while one is doing nothing waiting in line for a motion session, has turned many a lawyer away from our antiquated system. ADR, mediation, arbitration is the wave of the future. Getting rid of the clubs, e.g., in bankruptcy court and the abusive class-action system will help but it will take years to happen. Same with areas that should be ministerial like probate or social like divorce. I've got the contacts to enjoy the perks but, as I have gotten older, realize that gradually getting away from this system will enable some of us to effect change. Change has to come from without as the system is dominated by special interests from the bottom to the top. Of course, that's no surprise. Don't get me wrong, we probably have the best system of justice of any large democracy, but that doesn't mean it can't be totally overhauled and brought into the 21st century.
What seems obvious to an outsider is not to those who do the same stuff ever day. I know that sounds strange but it's the reality.
When judges see a pro se case, particularly one with 1000's of pages LOL, they literally pee their pants. They may smile at you, but they are generally trying to find ways to get rid of you. Why? They can handle 10 cases at least in the time they spend with you. Further, if there is a "local" lawyer on the other side, the court will be dealing with him in the future. So long as he can get rid of you without some sort of report to the judicial conduct board, the judge really will try to get rid of you.
That's why it's so important for you to get your case in an extremely concise package so that he gets interested in it, and doesn't constantly think about the fact that he has to spend his weekend reading a few thousand pages. It's human nature and I cynically will say that in government, (and it's a generalization) nobody wants to spend a weekend reading 1000 pages. It's the most important thing to you but to others, it's barely a blip.
I admire your tenacity and honesty. I see how you are attacked here and although I may sometimes disagree with your posts, I know that drawing attacks by those who would manipulate and pretend to be crusading is a badge of honor.
Get your case in a very small package that you can recite in 5 minutes. Try it out on someone who knows nothing about your case and see if by the time you are finished, he 1)knows what you are talking about and 2) is compelled to rule for you. Even better, have a friend do the same for the other side and see what a 3d party has to say. Those who watch Court TV all day tell me they are amazed that when each lawyer gets through with their case, they are inclined to rule for him, at least until the other side steps up. If you lose the judge or jury because they zone out of 900 out of 1000 pages, you have no way to get your message across. |
