10 Hints for Representing Yourself in Court

It’s not easy to rep­re­sent your­self in court. Here are some use­ful tips that may help with in pro­pria persona/pro se lit­i­ga­tion (note that this is not legal advice, and in many cases you are well advised to retain your own attorney):

10. Beware case law! For the non-lawyer, case law is not as use­ful as are prac­tice guides, legal ency­clo­pe­dias, and other sec­ondary sources that sum­ma­rize and explain the law. Too often I have seen non-lawyers believe that a spe­cific case makes their point a “slam dunk,” and then be shocked when the court does not agree. Thus, you should con­cen­trate on resources that describe the law before going to cases. NOLO press has excel­lent resources avail­able for a rea­son­able price. Update: if you need to do legal research but have not done so before, try con­sult­ing How to Research a Legal Problem: A Guide for Non-Lawyers.

9. The law is often flex­i­ble but rarely clear. Many non-lawyers get hung up on “magic words,” either in case law, statutes, or con­tracts. Although such pars­ing can be crit­i­cal, in many sit­u­a­tions, inten­tion and fair­ness are more much more impor­tant points to make with the court — but only if it also com­ports with the law.

8. Written doc­u­men­ta­tion is crit­i­cal. While oral con­tracts can cer­tainly be bind­ing, con­tracts, agree­ments, let­ters, and other writ­ten doc­u­ments are much eas­ier to present and are usu­ally much stronger evi­dence in court. Even writ­ing down your under­stand­ing of a con­ver­sa­tion imme­di­ately after it occurs can strengthen your case, as can a jour­nal or log of interactions.

7. Be nice to the court clerk and the admin­is­tra­tive staff. In many juris­dic­tions, the court clerk (who col­lects and processes your court paper­work, among other tasks) can be your best friend. While clerks can­not offer legal advice or sug­ges­tions for your case, they can help you meet all the fil­ing and sim­i­lar for­mal require­ments to prop­erly get your case heard. They can help you under­stand what the judge wants to know from you and when, and even where to find free or low-cost legal assis­tance in your com­mu­nity. So be nice to them.

6. Less drama, more dis­cov­ery. There are rarely dra­matic court­room moments, nor does your win­ning or los­ing typ­i­cally depend on them. A case runs through full (though dis­puted) dis­cov­ery. This means in most cases dis­clo­sure of the doc­u­ments and knowl­edge you have and your oppo­nent has. Evidence is not sup­posed to be sur­pris­ing, and “win­ning on cross” is more likely on tele­vi­sion. (Thus, see #8, above, about the impor­tance of writ­ten documentation.)

5. Be patient. Lawsuits, and even crim­i­nal tri­als, take time. There is a great deal of back-and-forth before you ever see the inside of a court­room. Do not expect to resolve any­thing quickly if you rely on the judi­cial process. Speed is not its goal.

4. Consider small claims court. If the amount in dis­pute is low enough, small claims court is a much bet­ter option. It is faster, less for­mal, and you are not expected to retain a lawyer (in fact, you usu­ally have to rep­re­sent your­self). This evens the play­ing field, espe­cially when deal­ing with corporations.

3. Settle, medi­ate, nego­ti­ate… all are very often bet­ter options than a long, drawn-out court bat­tle that may well go against you. If you can work out some­thing with your oppo­nent that both sides are (un)happy with, you will most likely be bet­ter off in the long run. There are pro­fes­sional medi­a­tors who can act as neu­tral par­ties, and some courts may even require you to try this first. Consider it seri­ously as an alter­na­tive to litigation.

2. Sit in on court pro­ceed­ings. Most courts are open to the pub­lic. Visit cases like yours and see how they are con­ducted. Go see “motions,” where the really crit­i­cal — but often tedious — stuff hap­pens. If you feel com­fort­able with the process, every­thing will go much smoother.

1. Hire a lawyer!