Filed Under (General) by admin on 05-08-2007

Many of us think we can make a very strong case when we feel strongly about the case we are presenting or defending in court. With the recent plethora of law-related televisioon shows, the widespread use of the internet and open communication with someone we know that has or had been in the same or similar circumstance, we are confident that we can represent ourselves effectively in court. However, most often cases are not won by the actual truth, but by the presentation of one’s truth. There are some specific areas of law that require a more esoteric knowledge of law than others. But for those areas that are more germane, sometimes it is economically efficient to appear pro se. Whether one does extensive research online, gets some pretty generic guidance from television series or simply “wing it”, it is always advisable to speak to an experienced attorney.

Many attorneys offer consultaions in their area of expertise, either by phone, email and/or in person. And although the costs for the consultations ranges from free to several hundred dollars, the decision to have at least one consultation is priceless. The costs for the consultation varies across the country, the state and even the locale, and in some cases the cost is based on the atea of law.

No two cases are alike! No matter how similar your facts are to someone you may meet at the courthouse waiting area, everyone has a very different set of circumstances. The differences can be in the length of time involved to the particular judge that happens to be hearing your case that day. Let’s face it, judges are human and have their predispositions and prejudices just like everyone else. They have personal lives and are affected by their daily routine the same way we are. So on any given day, your judge’s attitude can gravely affect the outcome of your case. But being better prepared, more informed and more realistic can increase your chances of prevailing, or at least getting a much more favorable result.

Speaking to an attorney who specializes in the area of law that pertains to your case is crucial. It is always advisable to speak to an attorney that has a very particularized specialty than someone who has a general area practice. For instance, if you are currently in a New York City Mitchell Lama building and are being evicted because of a potential “buy-out” you may want to consult with an attorney that not only specializes in landlord-tenant but someone who is familiar with the protections afforded those who occupy these types of apartments.

To make the most of your consultation there are several things you should keep in mind.

First, before meeting with the attorney do as much research about the area of law you plan on talking with the him or her about. Go online, go to the court, go to the library, speak with other people, etc. just gather as much information you can about your particular topic.

Second, research the attorney. Most attorneys not only practice, but they write articles for trade publications, give lectures/seminars, maintain blogs, teach, etc. So it is always a plus to have an idea of how extensive the attorney’s knowledge is about his or her area of expertise by the other affiliations and activities he or she engages in.

Third, make a list of all the facts you think are relevant to your particular case. Gather as much data you can before you speak with the attorney so that he or she is better able to give you a more complete analyis os your case. Too little information may make his or her assessment more of a generic one.

Fourth, make a thourough list of questions you want answered. Being organized helps you to maximize the brief time you will have with the attorney.

Fifth, take very detailed notes. The more you are able to write the more you are able to remember when you are in fact presenting or defending your case in court. It’s like having the attorney in the courtroom with you.

Sixth, don’t be afraid to ask the attorney for spe cial rates, fixed retainers (instead of hourly) or further consultation.

Finally, always get another opinion. Don’t stop at just one consultaion, speak to another attorney and do your own analysis on which one makes the best argument.

Legal fees have skyrocketed, right along with the cost of living. However, this does not mean that you should forego the best possible (and in some cases the only possible) means of representaion. And although there is no substitute for having an experienced attorney by your side in the courtroom, there is a more proficient way of appearing pro se.

Share and Enjoy: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Technorati
  • YahooMyWeb
  • Netscape
  • Reddit
  • Furl
  • Simpy
  • StumbleUpon
  • ThisNext
  • MisterWong
  • Wists

Post a comment


Name: 
Email: 
URL: 
Comments: