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12 votes

When practicing law pro se, can one have the assistance of a paralegal?

With this in mind, would a non-lawyer practicing law for oneself (acting pro se) be able to have a paralegal prepare legal documents so long as the aforementioned non-lawyer oversees the work and ...
ohwilleke's user avatar
  • 218k
12 votes
Accepted

Why would a defendant in the Georgia 2020 election subversion case who is also a lawyer NOT represent himself?

The most famous reason, often attributed to President Abraham Lincoln, although this is likely a misattribution, is that: A man who represents himself, has a fool for a client. People who represent ...
ohwilleke's user avatar
  • 218k
7 votes

Are disabilities taken into consideration when establishing jurisdiction?

No In general, there is no need for a plaintiff, defendant, or witness to attend court in person if there is a legitimate impediment to them doing so. Parties can be represented by their lawyers, ...
Dale M's user avatar
  • 211k
6 votes
Accepted

When can a defendant in a criminal trial introduce evidence?

There are all manner of reasons that evidence can be excluded at a trial, most of which are set forth in rules of evidence. If the evidence was not admitted on the grounds of relevance and the charge ...
ohwilleke's user avatar
  • 218k
5 votes
Accepted

Who is to examine the witness who is the self-represented plaintiff or prosecutor?

It depends on the judge. Both narrative and question-answer formats can be required. Under the narrative format, the defendant gives their statement. The prosecution can then cross-examine. Under the ...
Comic Sans Seraphim's user avatar
5 votes
Accepted

What is the winning ratio of pro-se defendants in U.S. criminal cases?

This paper studies the question, in a restricted context of federal cases (the main problem is getting data, but turns out that some federal court clerks have been obliging). From that database, ...
user6726's user avatar
  • 215k
4 votes

Can a power of attorney allow you to act "pro se" on behalf of the issuer?

For most civil matters the answer is "no". Small claims court is special since there are restrictions on using attorneys, and in that context, it depends on the rules. In Indiana, the answer in their ...
user6726's user avatar
  • 215k
4 votes
Accepted

When is an email message admissible evidence?

You're going to an administrative hearing overseen by an "Impartial Hearing Officer" (IHO). Your goal should be to present your case in as clear, concise, and compelling a manner as possible. If ...
feetwet's user avatar
  • 21.8k
4 votes
Accepted

Can a person appear in court pro se with counsel?

This is not possible, simply as a matter of definitions and legal terminology. Someone who is "represented by one or more attorneys" is by definition not pro se which means representing yourself ...
ohwilleke's user avatar
  • 218k
4 votes
Accepted

loaded questions in pseudo-legal scenario

The first step is to be able to identify the presupposition, which is a claim that must be assumed to be true for the question to make sense. For instance, "Is the present king of France bald?" ...
user6726's user avatar
  • 215k
4 votes

Does one have to name third parties in a lawsuit?

Short Answer The name of a lawsuit is the name of all of the Plaintiffs in the lawsuit v. the name of all of the Defendants in the lawsuit. This name appears in the "caption" of every ...
ohwilleke's user avatar
  • 218k
3 votes

Attorney Sanctions

The simplest method is to demonstrate the falsity of the claims: this is simpler than pursuing punitive action against the opposition because in addition to demonstrate the falsity of the claims, you ...
user6726's user avatar
  • 215k
3 votes
Accepted

What options exist for doing one's own legal work?

As a person who has done a large amount of (mostly successful) pro se work, I have long advised people against doing pro se litigation in any case where they attach serious value to their case. There ...
bdb484's user avatar
  • 60.4k
3 votes

Can a pro se defendant make statements of fact in his opening and closing arguments?

The general rule is that in the opening statement, the lawyer may describe what he expects the evidence and testimony to show: We will present Mr Smith, who will tell you that he saw the defendant ...
David Siegel's user avatar
3 votes

How do I take my child's school district to court (NY)?

This would be virtually impossible to do from scratch. If you had the guidance of someone who successfully pursued a similar legal action it might be possible. In theory you should be able to ...
feetwet's user avatar
  • 21.8k
3 votes

Are exhibits presented in order of importance or the order they'relisted?

I agree with @INaki Viggers that: There is no "formal" rule on that, but it is common for exhibits to be labeled/listed in the order they are referenced in the pleadings and briefs. But, ...
ohwilleke's user avatar
  • 218k
3 votes
Accepted

What torts can a person not yet admitted to the bar represent before a California state or federal court?

A non-lawyer can bring torts committed against them in their own name as pro se parties in their own name. They cannot sue for torts committed against others including entities in which they are ...
ohwilleke's user avatar
  • 218k
3 votes

When practicing law pro se, can one have the assistance of a paralegal?

I fully back the ohwilleke's answer, but add my 2c just so that the situation is understood even better. Basically, the fact that you're asking a paralegal (as opposed to say a plumber) to draft your ...
Greendrake's user avatar
  • 27.6k
2 votes
Accepted

Citation of newspaper articles for inclusion in a legal exhibit

The generally accepted legal citation format in the U.S. is the Bluebook. Here is a website to help you generate the citation: Citeus Legalus. As an example, here is how one would cite this New York ...
Mr_V's user avatar
  • 1,731
2 votes
Accepted

How to describe harassment by opposing lawyer in hearing?

Disruptive? Abusive? Unprofessional? Bullying? On the other hand: Her apologists might describe it as "being an effective advocate for her client." There are a few objective measures you can ...
feetwet's user avatar
  • 21.8k
2 votes
Accepted

How do I take my child's school district to court (NY)?

New York Courts even offer this encouraging CourtHelp website for pro se guidance on common actions. (posted by @feetwet) This got me unstuck. I found that page rather overwhelming, but I went to ...
aparente001's user avatar
2 votes

Can a lawyer advise a pro se litigant for technical purposes, without representing them?

The answer to this question is a function of local rules adopted by the U.S. Bankruptcy Court for the district where the action is pending. Those rules are not uniform. Usually, the answer would be ...
ohwilleke's user avatar
  • 218k
2 votes

Submitting files to docket when I am representing myself in a law suit

In accordance with the rules for civil procedure in the appropriate court. If you don’t know what these are you have 3 basic choices: Hire a lawyer Learn fast Lose.
Dale M's user avatar
  • 211k
2 votes

Do courts award legal costs to successful pro se litigants?

In New Zealand, a successful litigant in person is entitled to recover disbursements but not costs. This rule can be traced back many centuries to passages in Sir Edward Coke’s The Second Part of the ...
Greendrake's user avatar
  • 27.6k
2 votes

How does lawyers' duty of fidelity to court work?

As I understand it, the point is that a lawyer is not allowed to mislead the court, or to allow their client to mislead the court. So if the client tells the lawyer "yes, I was part of the bank ...
Paul Johnson's user avatar
  • 13.5k

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