Monday, August 21, 2017

Pro Se Legal Access Survey II

Following are comments from FALDP's Legal Access Survey II. The survey is ongoing and can be found here - Pro Se Legal Access Survey II. Comments are in answer to the question:

What advice would you give a friend who was considering proceeding pro se?

The comments below are repeated verbatim, except for correction of spelling and grammar, and removing personal information.

Read many pro-se websites and read extensively the case law covering the issue that you are litigating.
In a divorce, if you start Pro se, end pro se. Hiring an attorney, at least for me was an utter night mare. my attorney took my money, filed a motion for attorney fees from ex husband won the award, sat on my case for a year and then Withdrew weeks from the Final Judgment of Equitable Distribution. I hired the attorney to issue subpoenas, review financials and present, no, finish my divorce. He did none of what I asked and now I cannot even afford to hire someone to help with documents. IF I had just stayed my own course and not lost faith in my abilities, I would already be finished with this never ending divorce.
The advice I would give a friend is to be prepared to challenge yourself in believing that what you are about to indulge in is what you are ready to endure. Because it is not a piece of cake and it requires a lot of perseverance.
Hard work but very rewarding
Find a lawyer
Read everything. Fill the forms out, walk away, read again, and make corrections if necessary. Also get sample cases similar to your own, contact the Court clerk and request clarification. Be calm and stand strong
Do not. Lawyers lie, in ways that you won't know until it is too late. Everything they say or write has double meaning, and the court will see it in ways you never expected.
Become a lawyer.
Prepare for months of reading & research
Fully read what plaintiff sends you
Get info before case goes to court.
Be diligent
Read carefully the instructions of every form found on line. Always ask for the next step when filing a doc. Act immediately, do not wait for the grace period. Check on line the case and ask the Clerk of Courts if there's something you do not understand.
I am accomplishing more pre se than with attorney. I paid way too much for nothing. I am in SC now but this case is in Florida. It is frustrating and time consuming to try to follow the rule but the e-file portal and people are great. Wish there was a consultant attorney to explain confusion only. Like when I filed a motion to dismiss am I supposed to do anything else or wait. Some answers I am not able to find online.
Do more research before you proceed.
I could not get legal assistance since my soon to be ex husband had a consultation with them but not using them so there is a conflict of interest. I cannot find a lawyer to work for free. Self help is not available to me because husband has an attorney.
Depends on the circumstances.
Find all the forms you will/may need throughout the process, download, print, and READ the instructions for each form thoroughly. Understand the process for your particular situation. Be timely with your filings and if you are going to be late, notify the opposing parties attorney at a minimum; document all communication (recommend written communication at all times). Research, research, research! Stick to the facts! Chances are the lawyer on the opposing side has been fed a bunch of lies. In my opinion, they appear to believe anything they're told when they are paid a $5K retainer and charge $250/hr. Do not let the lawyer from the Petitioner's/Respondents side bully you. THEY will attempt to make you look ignorant. They will TRY to be dominant and may even threaten you (and WHEN they do threaten you, file a complaint with the Florida Bar) As a Pro Se litigant, you have rights too; review and understand them. Expect the unexpected stay COOL and CONFIDENT under fire. Do not expect Judges to be "black and white" when it comes to interpreting the Florida Statutes.
Do not trust opposing attorney
It can be very stressful.
Find out all angles before proceeding as things aren't always what they appear to be. You don't have it "knocked" just because the law appears to be on your side. Am hoping I'm wrong when the thought "justice is only for the rich" crosses my mind. Am seeking relief in a probate litigation matter.
Stick to the facts and not personal or emotional feelings you have on the subject. sometimes people don't realize there is a difference
Do your research.
Do lots of research and make sure you have the proper forms and they are filled out correctly.
Just keep swimming.
Study, study, study, then review, review, review! Know your Constitution inside out. Understand that no other law (international, Admiralty & Maritime, UCC/contract, Equity, Trust, Civil, Criminal, State/Constitutions/statutes/codes/ordinances/regulations/policies/rules, +) supersede it. Use GPO/FDsys Library of Congress, official reporters, Law schools, verify everything, don't take a lawyers advice, the judicial system is corrupt, everything is about money, truth and honor are dead, legal is not the same as lawful, common law pisses off judges, prosecutors, clerks, attorneys. Stay in honor, be courteous, get everything on record, claim nothing, answer questions with questions ....
Do it!
If you can afford an attorney get one. If not become diligent on looking up FL statues, laws,motions,properly filing motions,what just arguments you have and etc
Research and use as many resources as possible
Find out if you qualify for free legal aid. If you are not eligible, exhaust every effort in gathering the money for an attorney. Especially if the case involves children or custody.

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