So you’ve found yourself involved in a legal matter and you’ve decided to represent yourself.  Maybe you’ve just received a copy of a complaint which was filed against you.  Maybe you’ve received a letter from an attorney who claims to represent someone against you.  Perhaps a neighbor who’s borrowed your tools now refuses to return them and you’d like to be reimbursed for their loss.  Regardless of how it happened, you’re facing the prospect of diving headfirst into the legal world.  Where do you begin?

Fortunately, there’s an easy answer.  If you have decided not to hire an attorney to represent you in your legal issues, the first thing you need to do is research.  Research is probably the most critical part of preparing for your case, no matter what the case is actually about.  As it turns out, the legal world can be incredibly complex. Even seasoned attorneys spend a huge chunk of time researching the issues and law involved in a case.  You can bet that any other attorneys involved in the case, their clients and the judge are spending a significant amount of time researching – if you are not prepared to do the same you run the risk of seriously hurting your chances of winning.

First, you need to identify the issues in the case.  Are you being sued because a former business partner thinks that you breached a contract?  Did you get pulled over because you were speeding or because you ran a stop sign, or both?  What facts do you have to prove to show that the person in the Wal-Mart parking lot was negligent when they backed into your car?  Learn what it is that you are trying to prove, or what defenses you have for your conduct before you prepare to make your case.  Once you have identified the issues, it’s time to research.

There are several methods by which you could begin researching the issues in your case.  You could apply to and enroll at a law school, spend three years and significant amount of money learning the basics of law and practice, and pass a bar exam, at which point you might have an idea how to prepare your case.  This is probably not the most cost and time-effective way of going about dealing with a minor legal issue, however.  Instead, rely on the rich variety of resources available at your fingertips.

The most accessible resource is obviously the internet.  There are many excellent sources of information available, free-of-charge, just a mouse-click away.  For example, Cornell University Law School’s Legal Information Institute, found at http://www.law.cornell.edu, provides an enormous amount of information related to the Constitution, federal and state statutes, and information designed to make the law more accessible to non-lawyers.  Likewise, companies such as Westlaw (www.westlaw.com) and LexisNexis (www.lexisnexis.com) publish an exhaustive number of court decisions, statutes, and other resources which are used by lawyers on a regular basis.  These are excellent places for you to begin your search.  Note that some of the best databases such as Westlaw and LexisNexis require a subscription or access to a law library (more on that in a bit).  The Legal Information Institute is free.

A word of warning though: while the internet has tremendous value as a means for locating relevant study materials, you should be extremely careful about the reliability of those materials.  For example, don’t rely on Wikipedia – while information there can be correct and is frequently a way to gain a general understanding of a subject, it is impossible to gauge how accurate that information is.  Always rely on a reputable source.

Another excellent source of legal information is your local law library.  Law libraries frequently have large collections of books containing key case law at both the state and national level, and, more importantly, usually have a public subscription to Internet services such as Westlaw and LexisNexis.  Thus, a visit to a law library can be an extremely cost effective method of doing your research.  Note that not all local law libraries are open to the public.  For example, the Toledo Law Association Library’s computers and online services are only available to members.  On the other hand, the Wood County Law Library, 25 minutes to the south, is open and available to anyone wishing to use its resources.  To locate a law library near you in the state of Ohio, visit http://www.clelaw.lib.oh.us/public/misc/colawlib.html, which contains the address and contact information for county law libraries throughout the state.

Using the types of resources discussed above should give you a head start on understanding the legal issues you face.  If you are representing yourself in a legal matter, take the time to familiarize yourself with these sources of information.  Winning a legal battle requires that you understand the law you are dealing with – now you know where to start looking.  Next time, we’ll discuss the differences between statutes, case law and other types of legal authority in order to help you narrow down your search.

Adam is an associate attorney at Rohrbachers Cron Manahan Trimble & Zimmerman Co., L.P.A.  This article is the second in a multi-part series providing practical tips for pro se parties representing themselves in a legal action.

Recently, I had the pleasure of cross-examining three individuals during a jury trial, each of whom I had never met before. No lawyer in their right mind would recommend this practice. However, my client and I made the calculated decision to forego depositions, based upon the potential value of the case, versus the cost of deposing three witnesses. In other words, we decided that the cost of depositions wasn’t worth the increased economic benefit at trial.

In hindsight, my experience of cross-examining complete strangers worked out well. This, in spite of the fact that I blatantly violated one of the “Ten Commandments of Cross-Examination”, as taught by trial advocacy legend, Irving Younger. During law school, I vividly remember watching video lectures in which Younger revealed his “Ten Commandments of Cross-Examination.” In these lectures, Younger led thousands of lawyers and law students through the wilderness of cross-examination, into the promised land of success at trial.

Younger’s stone tablets read as follows:

1. Thou shalt be brief.
2. Thou shalt ask short questions, using plain words.
3. Thou shalt always ask leading questions.
4. Thou shalt not ask a question to which you do not know the answer.
5. Thou shalt listen to the witness’ answers.
6. Thou shalt not quarrel with the witness.
7. Thou shalt not allow the witness to repeat his direct testimony.
8. Thou shalt not permit the witness to explain his answers.
9. Thou shalt not ask the “one question too many.”
10. Thou shalt save the ultimate point of your cross for summation.

I confess that I violated the fourth commandment on numerous occasions during trial. It was simply not possible to know the answer to a question I did not have the opportunity to ask during depositions. In order to atone for my transgressions, I followed my own personal eleventh commandment, “Thou shalt prepare.” I located every possible bit of information I could obtain on the witnesses. I studied their credentials, certifications, correspondence, reports and websites, along with any other documentation related to the subject matter of our case. By over-preparing for my cross-examinations of strangers, I was able to anticipate most of the answers to my questions, even though I did not “know” exactly what the response would be.

In summary, there is nothing quite like the feeling of meeting an opposing witness for the first time when they are called to testify at trial. It is not a good feeling, and I do not recommend it. However, by following the “Ten Commandments of Cross-examination,” and by exhaustively preparing, you too can reach the promised land of success at trial.

In this day and age when employers are interviewing perspective employees and trying to select the right employee, it is not unusual for a potential employer to obtain a credit report for a prospective employee.  This practice though has several pitfalls.  To be able to obtain a credit report on a prospective employee, one must inform that person that you are going to obtain the consumer report before requesting it from a credit-reporting agency.  Typically, this is at least a 5 to 7 day notice.  Further, one should obtain written approval from the applicant to do so. 

Now the question arises; what does one do if the applicant has a poor credit report?  The employer must notify the applicant of the contents of the credit report before making a decision as to whether to hire or not to hire the applicant.  Further, if the credit report has an impact on the employer’s decision not to hire the applicant, the applicant must be informed of this situation.  If a non-hire occurs, the applicant must be informed of the name, address and phone number of the credit reporting agency that supplied the credit report.  This would allow the applicant to obtain their credit report at no cost.  The applicant may want to do so for the purpose of validating/repairing potentially problematic items appearing on said report.

While the use of credit reports may aid an employer with screening prospective employees/applicants, they must use the reports carefully to avoid any liability.

For a more in depth analysis, refer to the Federal Fair Credit Reporting Act, 15 U.S.C. §1681.

We all have our favorite legal show—whether it’s Law and Order, Judge Joe Brown, or my personal favorite, the Three Stooges classic “Disorder in the Court”—and just about everyone knows (or thinks they know) a little about how the legal system works.  In some of those shows, the people arguing the cases aren’t lawyers; they’re just regular people arguing their own cases in front of a judge without the help of an attorney.  What these people have to do usually isn’t very hard; in fact, you’ve probably even said to yourself, “I could do a better job than he could!”  Maybe you’ve even considered representing yourself in a legal issue—after all, who needs a high-priced attorney when you can go it alone?

Let’s be clear, though: watching Judge Judy once a week or having “TiVoed” a few episodes of Boston Legal does not make you qualified to argue your case in front of a judge or jury—the real-life legal system is not like what you see on television.  There are many factors to take into consideration before deciding to make the (potentially life-altering) decision to represent oneself in court.  In this article and those that follow, I’ll give some tips and point out some potential problems to anyone considering acting as their own lawyer in handling a legal issue.

A person who represents himself or herself in a court of law or another legal capacity is said to be acting pro se (pronounced “pro say”).  Pro se is a Latin term—and get used to Latin if you decide to represent yourself, since many of the legal terms still in use today derive from Latin—defined as “for oneself; on one’s own behalf; without a lawyer” (see Black’s Law Dictionary, 8^th Ed., p. 1258).  People choose to act pro se in legal proceedings for a variety of reasons: they may wish to avoid the expense of hiring an attorney, the issues involved in the case may be simple enough to handle on their own, they may want to control their own case directly, and so on.

There are certainly situations in which it may make sense to act as your own attorney, such as certain legal matters that may be simple enough to handle on your own.  In Small Claims courts, for example, the amounts being disputed are frequently fairly small, while hiring an attorney can cost hundreds of dollars per hour!  If you’ve been sued for a small amount (a few hundred dollars, for example) it may not make sense to pay an attorney—your costs are going to outweigh any potential benefit.  On the other hand, remember that in the legal world there is no such thing as a “one size fits all” approach.  For example, if you’re only being sued for a few hundred dollars but losing the case means that you’ll miss a house payment or a credit card payment, choosing to represent yourself when you have other legal options may not be the best idea.  Remember that even seemingly simple situations can have far-reaching consequences.

Although I’m a bit biased, being an attorney myself and getting to see the advantages and disadvantages of hiring a lawyer from an up-close perspective, I’m a firm believer that at least in situations where a legal action (such as a lawsuit or criminal charge) is pending or may be filed in the future, it is wise to hire an attorney or at the very least to talk with one to get an opinion on whether legal services are needed.

Don’t EVER make the decision to represent yourself without carefully considering the potential outcome of that decision.  If you choose to represent yourself, the odds are that no matter how good your legal position may be (or how good you think it may be), you will be at a serious disadvantage in most situations.  Opposing parties who have hired lawyers will have access to trained professionals who understand the complex and challenging court system, who know how to try cases, who understand judges and juries, and who have access to research and resources that you may not even be aware of.  Even worse, legal professionals—whether they are opposing attorneys, court personnel, or even judges—will assume that you don’t have an understanding of “the way things work.”  They may view you as a burden on their time and energy and anticipate that you will struggle with doing things the “right way,” even if those assumptions are wrong.  While you technically have access to an equal playing field when it comes to representing yourself in a court of law, the reality is that the legal system tends to favor parties who hire attorneys.  You will need to be prepared to face these hurdles if you are to be successful in representing yourself.

My goal in this article and those that follow is not to provide you with a perfect plan in which you are guaranteed success if you represent yourself—there are no guarantees in the law. Every person’s situation is different, and every legal decision is the result of a lot of different factors; what works for one person might not be effective in another person’s case.  So, instead of looking for a foolproof strategy, please use this information as a resource to learn some steps you’ll need to take if you decide to act as your own lawyer.

Remember, no single approach to resolving a legal action is foolproof.  While you can’t guarantee success or even a good likelihood of success, you can improve your chances by using common sense and being well prepared.  Representing yourself in a legal matter is an intimidating thing to do, so you should only make the decision to do so if you’ve carefully considered your options and are prepared for the results.  Consider talking to an attorney to see whether hiring one will even be necessary; many attorneys will offer an initial consultation for this purpose without charging a fee.

Although the articles in this series will be written with those in mind who are actively involved in a legal matter, the concepts they will discuss can be applied to almost any aspect of the law.  If you’ve made it this far and you feel that representing yourself is the best course of action, hopefully the rest of the articles in this series can provide some useful guidance. 

Finally, and most importantly, remember that no article can provide a substitute for legal advice specifically tailored to your situation from a licensed attorney.  Consult a lawyer if you have any questions about the legal issues you are facing.

Adam is an associate attorney at Rohrbachers Cron Manahan Trimble & Zimmerman Co., L.P.A.  This article is intended to be the first in a multi-part series providing practical tips for pro se parties representing themselves in a legal action.