John Clark Pro Se Blog Actor, Producer & Writer

Category Archives: Links to legal, self-help sites

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RUNNING YOUR LAWSUIT WITH SELF HELP

By John Clark on Posted in Links to legal, self-help sites

I have frequently been asked by friends and others in this largely free-wheeling buyer-beware jungle of our industry called Showbiz with its circling network of lawyers and contracts and producers and unions and agents and managers and publicists and landlords and traffic courts … to help them.

They say it’s all very well, but you don’t tell us how to conduct a lawsuit or even understand what’s going on. You find yourself in court as a sue-ee or a sue-er, and I need to know what do I do now?

As you know, I am not a lawyer. I did take out my Notary license, but by law I cannot give legal advice. However, I can, and have, told you what happened to me, what to beware of, and what I learned the hard way. I could give you a nudge to point you towards a trustworthy lawyer, but I haven’t found one yet. I’d much rather find out how to arm myself (no, not with a gun), and how to do it in a professional manner. I did sign up for an online course to become a lawyer a few years ago, but gave up after listening to a few lectures. Not for me, and I don’t sell out!

I scoured the internet for self-help guides, and was not impressed. No sense of what really goes on in a court room (a parallel world, and believe me, they’re all intimidating, as are lawyers’ offices.) They give false impressions and empty comfort.

Then I found Dr. Frederick Graves online, an experienced retired Florida lawyer, like me with a mission. I bought his program and studied it. I didn’t then have any particular personal use for it, except to kick myself for being green and stupid. Now I do need it, so I recently bought his latest updated version and checked it out. I have examined it in detail, and I can say that it very effectively teaches you how to FILE AND RUN A LAWSUIT FROM START TO FINISH, or if you prefer, HOW TO MAKE SURE THAT YOUR LAWYER IS DOING HIS JOB IN YOUR BEST INTERESTS and HOW TO MAKE SURE THE JUDGE IS BEHAVING HIM OR HERSELF. Dr. Graves is very specific, and he gives away the secrets as well as the tools.

Law students and even licensed lawyers would do well to get acquainted with it, because it essentially deals with all of the common legal tricks used in battle, and takes the view to not trust lawyers or judges either. Don’t kid yourself, courtroom legal tactics are games of war, and the punishments meted out can exceed the worst of wounds by a judge who seems to take sides, and can leaves scars on the soul! And you’ll be the only advocate swearing to tell the truth!

I don’t suggest you can become a brilliant trial lawyer overnight. Just stick with Law & Order and Family Guy for that. But if you’re in any way contemplating litigation or you’re in the middle of it, you need to get the intimidation off your back, and learn how to fight by insisting that the rules be followed by the judge and the lawyer(s) you’re using or fighting. (Just an aside here, screen writers could use the practical knowledge too.)

Bear in mind that the courts are encouraging you to do it for yourself. Yes they are! They don’t provide court-appointed lawyers unless you’re indigent and in Criminal court. This is more for Civil court users, although any alleged criminals out there are welcome too. And the courts would be grateful to see pro pers and pro ses with know-how exercised respectfully. Judges are not umpires, and they don’t offer legal advice from the bench. They make rulings based upon what they see and hear, according to the law. You’ll be on your own.

So it is with enthusiasm that I urge you to copy and paste this link into the address bar of your browser. Be sure that this is all that appears in the address bar for it to work properly (on a Mac, the drop-down menu may say “go to site” ). When you’ve studied it, bookmark it so you can go back to it and check it out thoroughly. You won’t see legalese, and the language and instructions are pretty straight-forward.

www.HowToWinInCourt.com?refercode=CJ0021

You’ll quickly get ideas and leads on how to proceed, with free workflow charts, forms, and so on. If you decide to buy the program, all I ask is you mention my name or this site. Dr. Frederick Graves is my friend, he knows that I want to help you, and if I bring people to his website, I get a small commission, and that helps to keep this site running, and advertisement-free.

You’ll see that the cost is reasonable, less than a country lawyer’s one billable hour. And your time? Maybe a weekend of concentrated study.

If you do use it, get back to me with a story of your experience. I’m at john@johnclarkprose.com, and maybe I’ll tell it here. Maybe you’ll get a screenplay out of it. Here’s MY true story!

BTW, important, please know that there are no guarantees of success in your case, I accept no responsibility, and I can’t answer any legal questions. It’s completely up to you. A notary I am, a lawyer I am not.

On Writing

By John Clark on Posted in ACTORS' & DIRECTORS' CORNER, COMMENTARY-Passing parade, Links to legal, self-help sites

Starting each day with an activity that becomes almost ritual seems like a good idea. I guess it’s different for different people, ask Bill Clinton, but for me, after the cup of Chai Latte which I make for myself (the heck with Starbucks), I sit down and try to write something for this blawg.

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EIGHT YEARS ON! is it really eight years?

By John Clark on Posted in Links to Cases & Litigants, Links to Courts & Judges, Links to legal, self-help sites, Links to new justice, MY EVICTION PICTURES, My FaceBook page, Subscribe

Me looking dazed after meeting Piers Morgan and Jerry Springer at the Britweek dinner at the Beverly Wilshire

Yes. It is now eight years since I started this site. My readers (I have a few, sustained without the help of advertisers) will have noticed that I am surrounded by eminent law-firms, and that this site is hosted by a very successful entrepeneur under the name of Lexblog. Why am I allowed to continue? They are not, after all, my peers, or at least, I am not one of them. So what am I? Do I serve a purpose, and why am I being allowed to continue? Continue Reading

Justice: always delayed, often denied – now it’s…..rationed?

By John Clark on Posted in COMMENTARY-Passing parade, Links to Government, Links to legal, self-help sites, Links to new justice

April 17, 2012

So a further 30 million dollars is to be slashed from our court system here in California, the largest in the nation? This is on top of the 70 million already taken away this last fiscal year. That’s, get this, $100 MILLION DOLLARS. This means that by the end of June, there will be:

350 fewer employees

56 fewer courtrooms

No court reporters for civil trials unless bought and paid for by the litigants (Appeal? Good luck with that. Shoot the wounded? They may now shoot the living dead)

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California JusticeCorps

By John Clark on Posted in Links to legal, self-help sites

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

By John Clark on Posted in Links to legal, self-help sites

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.

By John Clark on Posted in Links to legal, self-help sites

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!
Law Books

By John Clark on Posted in Links to legal, self-help sites

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.
United for Justice

MORE GOOD RESEARCH STUFF

By John Clark on Posted in Links to legal, self-help sites

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.
FindLaw
This is an excellent encyclopaedia with full discussion of legal terms and concepts, and not without welcome humor
‘Lectric Library
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.
Wikipedia
Legalzoom will help you prepare documents without an attorney, but it will cost something
Legalzoom
Here’s another, Lawdepot, and again, of course, it will cost

Laws.com

Very comprehensive site. I heard from the editor. Here’s what he said:

My name is Ashlee Acevedo and I am the Editor of Laws.com Free Legal Forms.  I was reviewing your legal website when I came across the page.  I was thoroughly impressed with the criminal justice-related resources you’ve compiled, the Free Legal Forms would be a wonderful addition to that. Each forms comes with related articles that can provide more detailed information about the issues at hand, whether it is immigration, child support or a traffic ticket.
Free Legal Forms on Laws.com is aimed at providing thousands of free legal forms as well as instructional videos and articles that can be useful to hearing and visually impaired users and anyone preparing their own legal forms. Each form comes with suggested forms that may also be needed and related articles that can provide more detailed information about the issues at hand, whether it is immigration, child support or a traffic ticket. All forms can be uploaded in the pdf format to be filled out or printed.

Jurisdictionary.com

I spoke to the Florida lawyer, Frederick Graves, who created this site, two or three years ago. I asked him to send me the program so I could look at it, and test it, and see if I could recommend it. He told me he would not do this, I would have to buy it, and it is quite expensive ($249). So I bought it. Here’s what I think:

If you have the time and have a secret desire to be a lawyer, and want to 1. get your license (but this way, the course won’t officially count) or 2. ride your lawyer to make sure he/she is behaving, sure, buy it and get wise (except that if you do, your lawyer will drop you, and won’t want to represent you). But if you think that 3. Your time in court representing yourself armed with this new-found knowledge will FORCE the bench to respect you and follow the law, then think again. You will find that the bench will favor the professional opposition and put roadblocks in your way, because you didn’t follow the judge’s personal rules of his court, and he’s going to run it his way, and he doesn’t like you.

How are you obstructed? By causing you to spend huge amounts of time figuring out the rules. “Does he want blue-backs on his briefs? How can I serve the papers? I didn’t staple my work correctly? Can I get quick transcripts? Your clerk won’t give me any time. Why do I have to deal with the court reporter directly?  How much do I pay the court reporter? Do I have to get in line to report to court if I don’t have a badge? Can I get extra time to put together my quick objections to the bench’s latest outrage so I can file in the COA? How many copies? Bluebacked? Where and how should I staple the paperwork? How many pages are the limit? What fonts do they require? This judge once served on the COA? Why won’t the judge allow me time in his chambers to discuss the case off the record, but does invite the lawyer all the time? Why do I only get copies of his orders if I know to ask for them, but the lawyer gets them automatically? Why does the judge overlook it when the lawyer doesn’t follow the order, but if I don’t, I get into trouble? Why does the lawyer get the freedom to arrange his schedule but I don’t?  Why won’t the judge force my opponent to appear in court, but tells me the attorney is there instead which is fine? I’m here, aren’t I? Why do I easily get sanctioned, but a lawyer doesn’t, even though I bring their misbehavior to the attention of the bench?

So buy his creation if you want. And pray that you have a sympathetic judge who hates lawyers. You might find that to be the case in the U.K. where judges go to judge school. In the USA, all judges are lawyers, which is why they are buddy-buddies with the professionals. They all went to law school together, and you didn’t. I first went into court thinking that I was in a safe place. On the contrary, you are in a hostile environment, and you are sniped at. At least in Libya, they’re on the street. Here, it’s civilized. And “they” have their ways. It’s hidden in the rules where the rubber hits the road that you won’t find on this site. Everyone’s against you, judge, clerk, bailiff, reporter, deputies. And what’s worse, they pretend to like you, and pretend to be helpful. I can only tell you that “my” judge put me in jail the night before I was to appear and present my case! He formed that impression of me during pre-trial proceedings. But he always acted nice. You can read all about it elsewhere on this site.

Which is why I built it. Donations would be welcomed, because advertisements will never appear here, and I’m not a 501(c)3.

http://www.lawdepot.com/
For Personal Injury do-it-yourself claims, here’s a good one (costs a bit)
SettlementCentral
Witkin is a valuable legal resource, often cited in cases
The Witkin Library
Here’s a site that will lead you to other self-help sites, including paralegal schools online, put up by blogger Donna Mitchell.
Top 20 sites

By John Clark on Posted in Links to legal, self-help sites

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/

By John Clark on Posted in Links to legal, self-help sites

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.
NOLO

By John Clark on Posted in Links to legal, self-help sites

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!
How to collect