The legal world is very political. In terms of pro se litigation there's an inherent incentives for pro se litigants to not succeed in court. It's does not benefit the legal profession for pre so reps to win cases at an high rate because attorneys become less valuable. On top of that it's an ego element as to who do you think you are, thinking you can come in here without going through all the educational requirements as we did. it's hardly ever about justice and what's right but about money and protection of business/corporations.
I have been calling to boycott lawyers. If no party hires a lawyer, the judge would be forced to hear it raw without a lawyer legal manipulation and both parties save on legal costs
@@nadiasaidi8937This all sounds good, and I mostly agree. However, it's not always possible without first changing the laws in place in just about every state. For example, if you are the registered agent of an LLC or Corporation, you can only legally represent that entity to the extent of avoiding a default judgement, filing of the initial complaint or answer to a complaint, pre-trial.motions and maybe participate pre-trial processes such as discovery and trying to reach a settlement before trial. Any further than that, it would be like acting as a lawyer for your friend. You will be in violation of law if you attempt to litigate. Even if you are not immediately stopped or warned by the court or opposing party for "unauthorized practice", the court MAY not put into record any arguments, cross examinations, evidence, etc etc. The court may allow it and string you along, knowing full well what your fate may be (especially if the opposing party is represented by a licensed attorney/lawyer). Why? Because it's against the law. You as an individual and your registered company are two completely separate legal entities. I'm putting this out there for anyone who may come across this. If you are in this situation, beware. You can be sanctioned (monetarily) and will ultimately lose your case, unfortunately, even if you initially win. It only takes a motion filed by the opposition. Do your research!
This is EXACTLY right. It's been my experience for years. I have always said that they behave with a "closed-shop" attitude, acting as though they are a labor union protecting a skilled labor trade. They expect you to pay one of their pals for subpar representation that often amounts to a draw rather than a win, and they use every conceivable tactic at their disposal either to frighten you into submission or just to outright deny due process. The double-standard in the tribunal is often palpable and odious. But hey Ms. Lucinda, I am in need of some help. I have filed a state civil rights complaint in the state of New Jersey asserting numerous claims concerning the role of several prosecutors at both the Superior and Municipal Court levels, all of whom have conspired to turn me, the original victim, into a newfangled defendant. Why? The situation arose out of an attack on my person last year at the local VOA shelter. Two staff, one of whom was a supervisor, committed an aggravated assault on me--one with a weapon in his hand--because I was missing items out of my locker and began frantically asking where they were. The two men attacked me on camera, unprovoked, and I had two front teeth kicked out in the process. I also have an eyewitness to the entire scenario who has provided a statement. The problem is that the state prosecutors tried to downgrade and dismiss their charges for agg. assault without telling me (I have a felonious history and was engaged in criminal litigation during the pendancy of the investigation against my attackers). I eventually discovered by happenstance that the state prosecutors had downgraded the charges back down to municipal court. I began appearing at the hearings and demanding a copy of the video and refusing to allow the one remaining attacker to be let go with a "disorderly conduct." That is when I was ultimately charged. But that didn't even happen until, several times, I had threatened on paper to file a state civil rights claim for their numerous violations of NJ Constitution Art. 1, para. 22. I was the unquestionable victim for almost a year, until this turn of events. Obviously this is the abridged version and I can provide the entire complaint if you're curious. As it stands, I have served all 8 defendants with my state civil rights complaint under NJ Stat. 10:6-1(c) and so far have received only one motion to dismiss from county counsel representing the two municipal court prosecutors. Of course they rely on Imbler v. Pachtman. However, I had based my complaint on an email I received in which the current prosecutor himself admits that he was "trying to ascertain what [I] had in [my] hands in the video because the defendants claimed it was a weapon." Aside from the fact that I know what happened in that video, and that I did NOT have anything in my hands (implying that he did not actually watch it or is lying about what he claims to have seen in it), his premise places him squarely within the exceptions to Imbler, namely, that he was acting in the role of an investigator rather than just a prosecutor. In any case, isn't an affirmative defense like absolute immunity supposed to be raised in a motion for summary judgement rather than in the motion to dismiss? Or does that not matter? That might be small procedural technicality I might attempt to raise in addition to my other rebuttals. In short, I am suing them in their role as investigators, and at the core of my claims is (1) I had made them aware in writing several times that I was considering filing a civil suit for their violations of my rights under NJ Const. Art.1, para. 22.; and (2) that it wasn't until those warnings that the state and the defendant's attorney sought to eviscerate those rights by the simple expedient of conspiring to make knowingly false claims before a judge, thereby converting me from a victim under the aegis of Art.1, para. 22, to a criminal defendant, whose punishment by the process is designed ultimately to conceal the tortious conduct at the VOA. I don't know what a case like this is worth, but my instincts tell me it's getting close to 7 figures. The problem is that I am up against enormous corruption, and even the A.C.L.U. has completely ignored me. So is there a way you could possibly help me, perhaps by email? Maybe at least you could help with a referral, but I would have to speak more at length privately to fill in some of the details. Thanx for reading this long comment, anyway.
Thank you for addressing this. I am being shamed by the Judge and the attorneys. I have been told each time l need to hire an attorney to represent me. I have been consistent and complying with rules. Every time the judge tells me to hire counsel. I said l can not afford one and it makes me look stupid but l keep very respectful and polite and professional. I have been shamed a lot but l am going to keep going. Thank you.
Hi. Don't worry about looking stupid. Keep in mind that it's not unusual for a judge to recommend to a pro se to hire an attorney because they know litigation is difficult. However, you are there and know the temperament of the judge. Nonetheless, continue to be consistent and follow any rules and instructions the Court might give you. I'm glad you are encouraged to keep going. Best.
The law is available to all of us. I’m (still) amazed at how I’m referred to hire a lawyer every time I speak to someone. I hired one who did nothing, but take my $, work with the plaintiff and judge. I’m filing my own complaint.
Hi. I don't know where you are in the process. Get familiar with the Pro Se Handbook that's at the end of this video. Also, be sure to follow the Scheduling Order that you and opposing counsel agreed to and that the judge signed. Best.
@@advocatelucindaLucinda Hi In your reply above you mention "Pro Se Handbook" at end of video. But it's not here. Will you Please post link to it?? Thank you in advance
The following link is the Federal Bar Pro Se Handbook: www.fedbar.org/wp-content/uploads/2019/12/Pro-Se-Handbook-APPROVED-v2019-2.pdf. Also, your jurisdiction should have a Pro Se Handbook. Go to the court's website or ask the court's clerk how you can download the handbook.
This is EXACTLY right. It's been my experience for years. I have always said that they behave with a "closed-shop" attitude, acting as though they are a labor union protecting a skilled labor trade. They expect you to pay one of their pals for subpar representation that often amounts to a draw rather than a win, and they use every conceivable tactic at their disposal either to frighten you into submission or just to outright deny due process. The double-standard in the tribunal is often palpable and odious. But hey Ms. Lucinda, I am in need of some help. I have filed a state civil rights complaint in the state of New Jersey asserting numerous claims concerning the role of several prosecutors at both the Superior and Municipal Court levels, all of whom have conspired to turn me, the original victim, into a newfangled defendant. Why? The situation arose out of an attack on my person last year at the local VOA shelter. Two staff, one of whom was a supervisor, committed an aggravated assault on me--one with a weapon in his hand--because I was missing items out of my locker and began frantically asking where they were. The two men attacked me on camera, unprovoked, and I had two front teeth kicked out in the process. I also have an eyewitness to the entire scenario who has provided a statement. The problem is that the state prosecutors tried to downgrade and dismiss their charges for agg. assault without telling me (I have a felonious history and was engaged in criminal litigation during the pendancy of the investigation against my attackers). I eventually discovered by happenstance that the state prosecutors had downgraded the charges back down to municipal court. I began appearing at the hearings and demanding a copy of the video and refusing to allow the one remaining attacker to be let go with a "disorderly conduct." That is when I was ultimately charged. But that didn't even happen until, several times, I had threatened on paper to file a state civil rights claim for their numerous violations of NJ Constitution Art. 1, para. 22. I was the unquestionable victim for almost a year, until this turn of events. Obviously this is the abridged version and I can provide the entire complaint if you're curious. As it stands, I have served all 8 defendants with my state civil rights complaint under NJ Stat. 10:6-1(c) and so far have received only one motion to dismiss from county counsel representing the two municipal court prosecutors. Of course they rely on Imbler v. Pachtman. However, I had based my complaint on an email I received in which the current prosecutor himself admits that he was "trying to ascertain what [I] had in [my] hands in the video because the defendants claimed it was a weapon." Aside from the fact that I know what happened in that video, and that I did NOT have anything in my hands (implying that he did not actually watch it or is lying about what he claims to have seen in it), his premise places him squarely within the exceptions to Imbler, namely, that he was acting in the role of an investigator rather than just a prosecutor. In any case, isn't an affirmative defense like absolute immunity supposed to be raised in a motion for summary judgement rather than in the motion to dismiss? Or does that not matter? That might be small procedural technicality I might attempt to raise in addition to my other rebuttals. In short, I am suing them in their role as investigators, and at the core of my claims is (1) I had made them aware in writing several times that I was considering filing a civil suit for their violations of my rights under NJ Const. Art.1, para. 22.; and (2) that it wasn't until those warnings that the state and the defendant's attorney sought to eviscerate those rights by the simple expedient of conspiring to make knowingly false claims before a judge, thereby converting me from a victim under the aegis of Art.1, para. 22, to a criminal defendant, whose punishment by the process is designed ultimately to conceal the tortious conduct at the VOA. I don't know what a case like this is worth, but my instincts tell me it's getting close to 7 figures. The problem is that I am up against enormous corruption, and even the A.C.L.U. has completely ignored me. So is there a way you could possibly help me, perhaps by email? Maybe at least you could help with a referral, but I would have to speak more at length privately to fill in some of the details. Thanx for reading this long comment, anyway.
I’m not tired yet. They want me to stop. Hell naw. I’m filing a motion for another judge. He ignored my evidence. He abused his power. Abuse of discretion. He is not above the law. ASE!
@jolantahill787 I feel that way at times. Muster up the strength to keep going! Putting things in your way is apart of their plan to make you give up. Send them a big F.U. and keep going!! These courts rely on pro se litigants ignorance of the law. Do your research, quote the law and fight.
Some nights my brain literally hurts from all the reading. It is hard, physically, mentally, and emotionaly. Even more so when you have a speech impediment like I do.
It's purposely written by sophists so self taught people have a hard time comprehending it. They bog you down mentally with procedures and decorum, before ever getting into the actual Law.
This is why I believe people need to study law and get good at it before a situation arises. Studying Rules of evidence, rules of procedure, court rules, statutes, codes, case law, learning how to write documents, and how to keep your cases organized. It’s not rocket science but it definitely is a quite a bit to take in.
Thank you, and this video just in time as one who has been through a non-judicial foreclosure I can attest, I was denied due process, fair and impartial hearing, stonewalling, disinformation under color of law by clerks who did everything to confuse, distract, delay and basically obstruct justice. The feeling of intensely been violated, discriminated against, taken advantage of, disrespected, you name it. It was all odds stacked in plaintiff's favor. Fool me once shame on you, fool me twice shame on me. My second round should turn out in my favor since watching this, I have a better idea on how to handle it next time. Great work, no words to express my deep gratitude for your help and assistance to pro-se like me. I have no choice no attorneys would help even though I've amassed a book of evidence. Your video collection is a helpful resource, thanks x 3!!!
I have experienced the same thing as a pro se litigant in my jurisdiction. I was eventually forced to hire an attorney under a "limited representation clause" just to get the court to even process (as in respond at all or provide a decision on a motion for instance) my court filings. Until I had and Esq's citation across my legal forms I was unable to even be heard or to bring my case further. Which is doubly atrocious in that I was involved in a family court matter where well over 90% of all litigants are pro se's. Judicial discrimination. Also, if you complain and send the complaint up through for the administrating Magistrate's review, you will now have a very prejudicial judge overseeing your case against you after you've made your formal complaints about them. And good luck having them replaced with a new judge. #PowerInbalance = discrimination
Dear AdvocateLucinda, You are an enormous support in Our fight against EmploymentDiscrimination. Both emotionally and mentally❤️ I am very grateful for all your brilliant videos😊
Yes, litigation is serious and challenging. And even more so as pro se and a cancer patient. Call your State Bar and ask for a list of pro bono attorneys that you can call and ask to represent you. Call these two organizations as well: your State Legal Aid and Women's Bar Association. Don't give up. Best.
@@advocatelucinda I have call the state Bar. I even called out of my state. No one wants to take a case that another attorney had. Also the defendants falsified my medical records. So I (myself) had to read and pdf scan over a thousands papers. The prior attorneys gave me my case file for free. They didn’t work in my favor. I had to prove on my own. Which I did. Comparing medical codes etc. As a voter and citizen with no criminal record. My state is failing me. 4 aggressive chemos within 3 years. Based upon their failure. I don’t even have other social media accounts to ask for a Go fund me. Only RU-vid. Yet I’m not even on here begging.
Lucinda, thank you for creating these videos. I had a court hearing last Friday where I was the plaintiff, suing a car dealership for fraudulent practices. The transaction had multiple issues, including selling me a car that had been in a flood without disclosing it. A few days later, I discovered water in the trunk, a rusted car jack, and upon further inspection, a rusted engine block. During the court proceedings, I faced challenges despite having laws in New Jersey against selling flood-damaged cars. I presented photo evidence and an estimate of the damage I found online, but the judge didn't seem receptive. The dealership used an emissions testing report from the state of Connecticut, dictated by the Clean Air Act, to argue that the car was in good condition when I purchased it. They also relied on a Carfax report, which may not capture all relevant information. The dealership even performed bodywork on the car the same day I bought it, attempting to conceal it from me. I uncovered this information by piecing together details and noticing paint discrepancies on one of the fenders. In essence, I feel like I've been scammed, and unfortunately, the court ruling did not go in my favor. Now, to seek justice, I am contemplating an appeal. However, the prospect involves spending around $1,500 between obtaining additional estimates and hiring a lawyer, to potentially get $3000 in damages to the car. It's a significant financial commitment, but I believe it's necessary to hold the dealership accountable for its deceptive practices.
Thank you and I really appreciate the way you broke everything down and agree with you because you're right it's a process I won several small claim cases on my own, and surprisingly.... I got my own child support discharged in Michigan..... I plan on continuing to study law, my friend said I should be an attorney but I don't think I want that kind of workload.
I have experienced the same thing as a pro se litigant in my jurisdiction. I was eventually forced to hire an attorney under a "limited representation clause" just to get the court to even process (as in respond at all or provide a decision on a motion for instance) my court filings. Until I had an Esq's citation across my legal forms, I was unable to even be heard or to bring my case further. Which was doubly atrocious in that I was involved in a family court matter where well over 90% of all litigants are pro se's. Judicial discrimination. Also, if you complain and send the complaint up through for the administrating Magistrate's review, you will now have a very prejudicial judge overseeing your case against you after you've made your formal complaints about them. And good luck having them replaced with a new judge. #PowerInbalance = discrimination
the inverse is true, when attempting by discourse to get someone to perform according the clear precedent. You will have to file a Complaint to get their attention (don't even bother with the threat to sue, after it is clear that they are brain-bound). In a situation that I am dealing with (not the intactivism case, but concerning power to a propert surrounded by national forest land; public forest road vehicle access long established), this applies (from Justice, Expediency, and Beauty by Schwartz, Louis B.): "I neither favor nor forecast a sharp turnabout in the law of judicial review of administrative decisions. The practicalities of administrative law are that regulated industries tend to acquire dominant influence over the agencies supposed to control them."New appointees to a commission can drastically revise the impact of the law they administer, with little or no reference to the statutory language or congressional intent. The political and commercial pressures on agencies tend to convert them into forums for compromise between pressure groups. This process should not remain unchecked, free of the rationalizing discipline of the relatively independent judicial system."
SO true. I’ve learned (probably) more than I wanted to know, but with state courts ignoring the law and attorneys NOT representing who they pretend to be, I cannot walk away without trying to help others from the (unlawful) dispossession of property that is rampant.
I had been pro se thru EEOC , UC hearing, and till yesterday in second civil suit. I took an attorney to a mediation and they were just as terrible with Him there. I actually made me feel better because I was taking it personally. Not sure what is coming up we are in discovery and the man that helped me has another friend that may take case on. Has to be contingency cause I don’t have two nickels. I did learn that their defense is based on because they said so. Again thank you for these videos and the encouragement.
Speaks the truth!!! Pro se litigants really dont get a fair shake. The only way to combat this is to just educate educate educate- through channels like this!!!! Otherwise they will take advantage !
Dealing with lawyers that are awful and unprofessional right now. Thinking in filing complaints against them and their law firms with the bar association.
If you haven't already and you are in a position to do so, consider expressing your feelings to the attorney and/or the firm, before you file a bar complaint.
@idontthinkyouknowme8903 I learned through these videos to look at it as "tactical war"... So say if your state allows 45 interrogatories right... With 30 day deadline to get a response.... Send 7 interrogatories every other week. Same with Request for Admissions. They'll have to keep track of every deadline. With Admissions....no response, everything is deamed admitted. Boom! Tactical War.
Vermont Constitution Article 4 ( remedy at law secured to all) Every person of this state ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which one may recieve to person , property or character; every person ought to obtain right and justice freely, without being obliged to purchase it; completely and without any denial; promptly and without delay; comfortably to the laws. Thank you Lucinda for your enheartening calm.
On my first trial day as a pro se litigant I was made to hear testimony of a witness against me in open court. After the witness concluded their statements against me I was allowed to question them on cross. I proceeded then to calmly ask pointed questions relevant to the case and to their testimony. A few questions in, the witness became belligerent and raised their voice shouting, "I don't have to be doing this! I aint gonna answerer these #$@@*^%$ questions!" And then proceeded to get up from the witness stand and to march away. The judge was silent. I looked up at the judge on the bench and the judge looked down at me maintaining eye contact. As the witness then walked off the witness stand and out into open court, still cussing and raising their voice in a blatantly disruptive manner, I motioned to the judge to compel the witness to respond, as was now my constitutional right from someone who was just allowed to bring testimony against me in open court and on the record. The judge flatly denied my motion and dismissed my argument of judicial procedure and contempt of court without missing a beat and allowed this travesty to go unchecked. Yes, I have had many similar incidents and accounts take place that are outrageous while navigating the superior court system as a pro se lol
For a pro se to litigate in a trial is commendable. It takes courage and confidence. I don't know the final outcome of your case; nevertheless, I salute you.
First thing that happens before your case gets dismissed is that you get shamed for not stating the statutes, although you have stated violation of Fourteenth Amendment under Section 1983, you have to explain your protected activity was under the First Amendment to seek redress in the courts. Now your on the offense to conduct discovery which will be denied, you can't force municipal defendant's to provide any evidence, so you can make determinating fact. A custom or policy is not established based on one incident, so the pro se litigant is kicked out the door, until a dozen violations of rights are established.
Judge allowed an untimely filing. I had a default judgement hearing cause they didn’t respond in a timely manner . I filed a motion to strike their answer and the judge didn’t allow it he denied it and set it for pre trial mediation
99% of civil rights appeals will get dismissed unless the material evidence is already reviewed under judicial notice and with motion for protective order being granted.
I am being shames as i am defendant prose in a cause of action to an obviously forged document the plaintiff is my sister and brother in law and there counsel is his brother she is Sueing for breach of contract because i refused to sell my half of our fathers house we inherited i can prove the doc is forged and that at the time they claim the document was made i was legally barred by the federal government from entering into any financial contracts. a contract would violate 18 USC 3563(b)(22),18 USC 3664(d)(3). these facts were addressed in my answer. should i file a motion to dismiss or should i just let it go to trial?
I’m pro se in family court and shamed at every hearing my white husband and his white lawyer are so condescending I feel awful and I’m the abuse survivor and a person of color
Sounds like you need support. Contact your Legal Aid office for representation. Otherwise, respond to every filing and be prepared for every hearing. Be brave and hold your head up. "Let them see you coming." Hang in there.
Love your help,I have a question I had 21 days to amended 5 complaint judge defendant request, during the 21 days time period the defendant's was asking the judge to denie my amended, we'll I hand them in late all 5 different days,we'll all the defendants filed non conforming what should I do also thier a new defendant that getting ready to be added on your the law suit what should I do
Hi. It sounds like defendant filed a motion to dismiss your complaint? You would respond. Likewise, if defendant files a motion to add a party, you would respond, unless you wouldn't object to the addition.. Best.
Hi. The Caselaw Access Project is a good site. And, it's free. Here is the link: case.law/ Sometime ago, I uploaded a video and demonstrated how to use the site. Here is the link to the video: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-mC5teDhnxCo.html. Of course, there are other (paid) research sites, such as Casetext and West Law. Best.
Question - judge purposely held off scheduling my motion hearing until they cd schedule an eviction for same day. I KNOW the court was working with the attorney but not sure what my best next steps are. Recuse judge?
Hi. The question is whether the facts and the law would support a Motion to Recuse. This ABA article sets forth the disqualification of a judge. I hope it helps. Best. www.americanbar.org/groups/professional_responsibility/publications/model_code_of_judicial_conduct/model_code_of_judicial_conduct_canon_2/rule2_11disqualification/
Hi The following link is a map of the circuit courts, where yoiu can conduct research. case.law/. The next link is a video I uploaded that explains how to use the map: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-mC5teDhnxCo.html Best.
Lawyers bully each other it is part of the job more so in court. It isn't legal shaming to a degree. As a lawyer you should know better than for people to go Pro Se more so in criminal cases. In a civil matter you only have about a 25% chance of success as a pro se litigant. In criminal cases you have a 10% chance. Your odds of winning go up considerably if you have a lawyer. Pro Se litigants get themselves in trouble by not knowing court procedures, processes. They do not know when to object or to file the proper motions most of the time. This is due to a complex and complicated legal system and structure and the lack of education. Not only that but as a Pro Se litigant you give up certain protections afforded to you by law. 1. is the ability to appeal. Typically appeals court and more so the SCOTUS will not hear cases filed by pro se litigants.
@@advocatelucinda Even if you prepare yourself the states are clear. Representing yourself is terrible when it comes to certain litigation. You have nearly a 75% chance of failure in civil litigation. You have almost a 90% chance of failure in criminal. We are not talking about traffic court of small claims court here. You are a lawyer. You are supposed to give good legal advice not bad.
Friend, your postulation that 25% of civil litigants are successful and 10% of criminal litigants are successful makes my point. Whatever the real percentages are (and the pro se has been successful, even in complicated litigation), he or she is successful because they prepare themselves. Yes! It's doable.
@@advocatelucinda I am going to borrow from Bill Burr here. If you go sky diving and have never done it before and they go. Yeah it is 200 more dollars if you use an instructor and you go nah i don't want one, and there is an 85% chance of you splatting on the ground would you go without an instructor? It isn't postulation. It is actual data confirmed by DOJ and other agencies that gather this information. So, if you want to argue against facts be my guest but you will have a hard time doing it. You are giving people bad advice that could put them in serious legal trouble.
"Sui Juris" is being legally independent and not under the legal guardianship or control of another, i.e., having the capcity to handle one's own affairs. See following link: www.lawinsider.com/dictionary/sui-juris "In propria persona" or "pro se" is used for a person who appears before a court or represents themself in absence of a lawyer. See following link: www.law.cornell.edu/wex/in_propria_persona Take care.
