It IS Rocket Science

I like to say - only building a space ship is rocket science - I know that my statement isn't entirely true. Spaceships and rockets are completely different. My point, however, is the obvious one, that only certain things are so complicated they cannot be figured out by an intelligent and motivated layman. Rocket science being one of those too complicated for most of us to figure out.

Unfortunately, all too often, another one of those things too complicated to figure out is our legal system. Some judges and lawyers smirk at the challenges pro se litigants face -- others are helpful and sympathetic. The fact is most pro se litigants would prefer to hire an attorney, but cannot afford the price. Eat and pay rent; or pay an attorney? Some court clerks seem to take pleasure in saying - sorry, I can't answer that, I cannot give you legal advice. This cryptic response is often given to pro se litigants in answer to even the simplest procedural question. Baffling to consumers who thought the clerks job was to help them.

Suppose you had to build a house. It isn't your idea to build a house, you must build it because the government said to. And you need to build it to protect yourself from the enemy. If you don't build it and soon-- there will be adverse consequences, they promise. If you are a construction person, builder, contractor, carpenter, or handyman exclude yourself from this scenario. You know you could do this if need be. I'm talking to everyone else, all of you -- servers, salespeople, doctors, lawyers, butchers, bakers, candlestick makers, and even rocket scientists. What if you were not only told you must build the house -- but you were given no tools at all, were given a strict deadline, and were given no information whatsoever about the rigorous specifications required. On top of that you are met with hostile adversaries at every turn, maybe an irate neighbor, telling you that they've had enough of the noise. And maybe a building inspector continually over your shoulder demanding that you adhere to rules you never heard of. The enemy alternately lurks waiting to feed on your mistakes; or attacks full on at the slightest whiff of your weakness.

You're allowed to research online to your heart's content. And you do so, feverishly, repeatedly, until late at night and, long past the point of comprehending the meaning of the court cases which may as well be written in Swahili. You're allowed to ask friends and family for help and advice. And your family and friends do their best to help, but they don't know any more about building than you do. You're even allowed to pay someone to build it for you. To your dismay, however, you quickly discover that the only people that really know how to build a house are really expensive. And they seem to relish giving half answers to your questions; watching you make amateur mistakes; and finally smirking at the result. The building inspector threatens to fine you if you don't build it just right exactly according to his invisible plans. And he tells you quickly hurry up now, lest you fall behind schedule. The endlessly irate neighbor comes calling at least once a day to tell you to please be quiet already and don't forget to clean up the debris before it blows all over the street.

Building a house may prove too difficult for most motivated laymen. So much easier to start with a doghouse, birdhouse, or shed first. And the same is true for legal do it yourselfers. Small claims, the people's, court, can be a good place to start, where the rules are somewhat relaxed and the judges expect pro se litigants to do their best and muddle through. But, pro se litigants don't always have the luxury of choosing to start their legal do it yourself education with something manageable like small claims court. And even there, with an attorney as an adversary, a pro se litigant can be quickly out played.

All rocket science. Just like pro se litigants are totally lost and overwhelmed by the obstacles they encounter in trying to handle their legal matter on their own, so would you non-construction people face similar challenges in building a house. May as well build a spaceship.