Legal battles don't have to cost a fortune.More resources are available to help you represent yourself in court as more people turn to the legal system for help.You can plead your case in front of the judge without breaking the bank with some research and work.
Step 1: The legal issue should be identified.
A lawyer would ask this first question.There are some common legal issues faced by pro se litigants.The first question is "What is the problem?"If your freedom is at risk, you are entitled to have legal counsel appointed to represent you.You may have the right to an attorney in civil contempt cases if you ask the court about your eligibility.
Step 2: The parties are identified.
The next step is to know who the parties are.In a divorce, it is your spouse but in a consumer issue, the other party may be a business or corporation.If one of the identified parties is a business, you have to determine who you need to talk to and who can accept legal papers.This is usually the owner of a small business.An agent of service of process is what a corporation will have.This information can be found through your state's Secretary of State office or you can ask the company for the name and address.
Step 3: Define your damages.
You need to know how you were damaged and what the costs have been.Repairs, rental costs, lost wages, and medical costs are some of the damages.Take care of your bills and receipts.A quantifiable damage is having to hire someone to fix cracks in your foundation caused by a contractor.If you had to take time off of work to deal with the problem, your lost wages may be a quantified damage.
Step 4: Define what you want.
Now that you know what the problem is, what do you want to do?As specific as possible, be realistic.A judge can grant something if you make your goals quantifiable.A judge doesn't have the power to fix your anger or force the other side to apologize.Payment is the only way she can correct the situation.In a domestic case, you may want to get more access to your children.In a civil case, your goal may be to get reimbursement of costs you incurred because of a company's carelessness.You may have had to rent a car if the mechanic damaged yours or you hired another contractor to redo shoddy work.
Step 5: A case journal should be started.
Keep a notebook and keep track of everything you do to resolve your problem.When the judge asks a question about your actions, you don't want to rely on your memory.Every time you have contact with someone about your case, remember the date, time, and who you communicated with.Track your costs as you try to resolve the issue, including postage, copying, mileage, and legal assistance.It is possible to back up the entries in your journal with the help of email and text messages.
Step 6: You should exhaust your out-of-court options.
You should attempt to resolve the issue in writing before taking someone to court.A Demand Letter should be written if you are dealing with a business.The person who can solve your problem should be contacted.This could be the head of the department, the owner, or the legal department.If it is a large company, send several letters and a copy to the agent.Be professional.The formula is to identify yourself, identify the problem, make a claim, support your claim and include your contact information.You don't have to be pointed, but not immature.Keep copies of the letter and the return receipt card if you send it by certified mail.This is the proof that the other side was aware of the problem.
Step 7: A case can be filed in small claims court.
If you can get a cash award for your legal matter against another person or business, you may be able to go to small claims court.The maximum amount of your damages can not be more than $10,000.The small claims court can't force a business to do something.The judge can order the contractor to pay someone else to fix the foundation.She can't make the contractor do the work.The venue is the place where you file your claim.There is a blank application for small claims court in the court clerk's office.A summary of the case can be found in the demand letter.The fee is usually under $100.You will still be expected to be professional in small claims court.You can tell your story quickly if you organize your documents and case journal.
Step 8: A mediation.
The court encourages this option for issues involving child custody and visitation.Depending on the region, costs can range from $100 to $300 per hour.The costs will be divided between the parties in most mediation agreements.A mediation can be used for any legal dispute.Moderate speaking terms with the other party are required for mediation to be effective.If you and the contractor agree that he caused the foundation cracks but can't agree on a dollar amount for repairs, mediation may be a cost-effective solution.A mediation helps both sides come to an agreement.
Step 9: You should conduct your law library research.
If you can't resolve your case, you will need to research your legal arguments.Most counties have public access law libraries.You can find the location of your library by contacting the court clerk.You will be looking for cases that are similar to yours.You could search for "contractor" and "foundation cracks."You want to show the judge how to apply the law to your situation.
Step 10: There are online law libraries.
There are online law libraries.You can subscribe for a basic service for $10 per month, or for professional level services for $200 a month.A law library subscription will pay off with more powerful search engines and easier ways to narrow the search.
Step 11: You can access federal and state statutes online.
A state law may be involved in your legal dispute.If you want to gain custody of your children or believe your landlord has violated your rights, you can do that.You need to be aware of the statutes.The codes and statutes can be accessed online by the federal government.The databases are free to the public.
Step 12: You can attend a legal clinic at your law school.
Most law schools have legal clinics that represent people for free.Attorneys and third-year law students can discuss your issues.You can receive an evaluation of your case, advice, answers to procedural questions, and even help with documents.Clinics are usually free.
Step 13: Unbundled legal services can be used to prepare documents.
You can hire an attorney for a specific task in most states.You can get help with what you need without paying full representation.Document preparation is the most popular legal service.An attorney can draw up your complaint and other court documents using your case journal and legal research as a basis.The cost depends on the complexity of the documents.If you want to compare costs, contact several attorneys.
Step 14: You can contact a Legal Aid office.
Every county in the United States is covered by an office of Legal Services Corporation.Attorneys can be reached by telephone on civil court matters, family law, and dealing with government agencies.When you call, use your case journal to ask specific questions.
Step 15: The Bar Association has a lawyer referral service.
State and county bar associations offer reduced fee services to qualified applicants.If you meet with an attorney for a reduced fee, you can get answers to your legal questions.Depending on the circumstances, you may be able to negotiate full representation at price you can afford.Depending on the type of case, you don't have to pay any upfront fees.Contingency fees are often used for cases.The attorneys take between 33 and 40% of the award.
Step 16: Speak to the other party.
Even if you know the other party, you have to speak with the attorney.Communications that are out of court are frowned on by the judge.You should only speak to the attorney if you are in court.You should not contact the judge outside of court.Don't accept "to give the judge a call."This is not professional.The judge will not talk to anyone about the case.
Step 17: You should know your responsibilities in court.
Pro se litigants need the judge to be accommodating.You don't get free rein in court to act as you please.Be on time.You should give yourself plenty of time to get to the courthouse, find a place to park, and find your courtroom.If the judge calls your case and you don't show up, he can dismiss it.It is appropriate to dress appropriately for court.You don't have to be fancy, but you should be neat, clean, and presentable.There are suits for men and conservative dresses for women.Don't wear t-shirts, jeans or tennis shoes.Take your documents with you when you go.If the judge wants you to give a short summary of the dispute, use your case journal and demand letter.Carefully follow the judge's instructions.If you don't understand something, ask for an explanation.Stand when you speak and be respectful to the other party.If you can't back up your documents, use first and last names.Tom Smith backed his Bobcat into the northeast corner of my house, cracking the foundation.He denied seeing the photos when I showed him them.
Step 18: Cross-examine the witnesses.
If the judge allows witnesses to be called, it's a good idea to ask short questions about what happened.If the other party objects to your question, be quiet.
Step 19: The judge should rule in your favor if you put together a good case.
Don't celebrate or complain in the courtroom regardless of how the judge decides.The next case can be called if you leave the courtroom as quickly as possible.