The Self-represented fool
This site is happy to publicize the work of Natalia Sidiakina, for the enlightenment of the public, and in the interest of attaining justice in this country (if indeed that is even possible.)
Link to many items on this subject here in "The Self-represented fool".
California JusticeCorps
READ THIS. THEY ARE NOT MY WORDS, but the words published by the Court before a swearing-in ceremony downtown at the Superior Court on October 20, 2004.
"The number of individuals appearing in California's courts without legal representation is reaching critical mass and challenging the most fundamental promise of American government: Equal justice under the law. Most of these individuals represent themselves because they cannot afford an attorney to help on matters ranging from family law to housing issues, traffic matters to small claims.
A coalition of court, college, and community representatives has formed to better help self-represented litigants navigate the court system and resolve legal matters for the betterment of their lives, the lives of their families, and the community as a whole.
This year, 100 JusticeCorps members were recruited from four local universities to provide assistance in 10 Los Angeles-area Self-Help Legal Access Centers. Volunteers will work closely with legal aid attorneys, and will be trained to provide legal assistance through direct contact with self-represented litigants, legal workshops, and use of self-help computer terminals. In exchange for a 300-hour, one-year commitment, JusticeCorps members will receive a cash education award and an invaluable learning opportunity outside the classroom.
Funded through an AmeriCorps grant, JusticeCorps is a collaborative project of the California Administrative Office of the Courts; the Superior Court of California, County of Los Angeles; Los Angeles County Small Claims Advisor; California State University at Northridge; California State University at Dominguez Hills; University of California at Los Angeles; California State Polytechnic University, Pomona; Legal Aid Foundation of Los Angeles; Legal Aid Society of Orange County; and Neighborhood Legal Services."
THESE ARE MY WORDS:
PROCEED WITH CAUTION! The previous self-serving statement is all very well, but until justice departments have trained their judges to
1. RESPECT self-representing litigants (aka pro pers/pro ses)
2. ALLOW THEM them just a little more room to make mistakes, remembering that they are on a learn-as-you-go track
3. HAVE JUDGES not be afraid of making SUA SPONTE decisions FROM THE BENCH when they are fully aware of what is going on. All too often, their attitude is, "well, if you don't raise it, if you don't plead it, if you don't know the law, I'm not going to help you. You might want to hire a lawyer".
The result of this imbalance is that these programs of self-help become cynical come-ons which serve to entrap the public.
Read my side-bars "The Plight of the Pro se" and "What's a Pro se to do?"
WHAT COMES NEXT WILL HELP YOU PREPARE
Legal Kits
By this I mean you will need to look very professional in your submissions and pleadings to the courts. They all have their quirks, like "blue backs", or "exhibit numbers" (the side or the bottom you ask) most of which are mandatory, and damned hard to find at the last minute. So get a supply in, mail order. Here's a good place:
Mail Order Legal Supplies
You will also need to type on pages with numbered lines, and these days that means computer software that will do this automatically.
Personally, I have always used WordPerfect, the number 2, although of course there are others.
Ninth Circuit for the Western area
If you've come this far, you sure have already been working hard. They're known to be liberal, too liberal, some say.
James Publishing
You'll need these, might as well spend the money. If it seems expensive, I always remind myself that an attorney will probably cost me $300 an hour, so hey, this is cheap, and very trustworthy. You just have to read them!
More forms
and you'll have to pay here too. Very comprehensive.
http://www.legalwiz.com/forms2.htm
For All the Law you need to know, can't beat this:
Idelle Clarke
On the occasion of my first experience about to represent myself in court, I watched Idelle doing the same thing before the same judge, doing her best to reclaim her daughter against the wishes and orders of the court to stay away from her daughter on pain of being arrested. She was very helpful to me, and became my good friend. She just kept losing and losing, even taking her case as far as the Supreme Court of the United States. They denied her too, of course. Here's her website. A true fighter.
MORE GOOD RESEARCH STUFF
and legal forms you can buy, and dispense with an attorney (o.k., so they hate me)
This is probably the Daddy of them all, and so helpful, I think lawyers would like to see a "keep out" sign for the likes of us pro ses.
This is an excellent encyclopaedia with full discussion of legal terms and concepts, and not without welcome humor
I find that one of the best free sources for a layman's explanation of the law and its legal terms is Wikipedia. Type in a legal word, and you'll find yourself on a journey.
But quite apart from legal explanations, I find that Wikipedia has become a sine qua non in my life. Sign in and become a user, and if you even have a half a mind, because it isn't half a bit complicated, you will probably use it every day. There are many conventions to learn, but you can become a valuable contributor, and add what you know about all manner of things. And it's laiden with internal and external links. It's quite free, but this is a place where I happily make a small money contribution.
Legalzoom will help you prepare documents without an attorney, but it will cost something
Here's another, Lawdepot, and again, of course, it will cost
For Personal Injury do-it-yourself claims, here's a good one (costs a bit)
Witkin is a valuable legal resource, often cited in cases
Here's a site that will lead you to other self-help sites, including paralegal schools online, put up by blogger Donna Mitchell.
OKOKOK!
"The National Organization of Women"
Just trying to balance the Dads' site of Glenn Sacks.
http://www.canow.org/
Nice Guy but a bit one sided
I've met Glenn, and he is unashamedly on the side of the Dads, who he feels are under represented, and he may be right. Me, I prefer to observe and comment from the middle. They can be as good and as bad as each other. But his site is full of ideas
http://www.glennsacks.com/
VERY IMPORTANT INFORMATION!
Look here for places to go to download forms, to check on cases, to learn COURT RULES (very important), and to maybe learn how others filed their pleadings.
Excellent source, The Smoking Gun
You can see the actual complaint documents under their Archive tab, page by individual page, which you'll have to print out:
Collecting on a Small Claims judgment
So you won, maybe on a default if you're lucky (your opponent didn't show up). But there're 2 parts to a lawsuit. First part is to win, second part is to collect - and you need to collect - otherwise it's a waste of paper, a waste of time, and most of all, a terrible focus to your life. Yes, believe me, all lawsuits become that, sooner or later. Civilized torture. The collection is the payoff, the final act. Curtain!