Telling A Compelling Story: The Key To Opening Statements
The typical juror would rather be elsewhere. So your opening statement should tell a story, set the tone for the trial, and be entertaining, all at the time.
I Am Not A Lawyer – the Courtroom5 blog
A Guide to Legal Settlements in the US
A settlement is an agreement between two parties in a lawsuit to resolve their dispute without a trial. Settlements avoid the costs and impact of litigation.
Everything You Need to Know About Affidavits
An affidavit is a legal written statement, sworn under oath and signed by an affiant recounting the facts surrounding an event or situation.
11 Steps To Take When You Need To Sue
Have you been injured in some way, physically or otherwise? Considering suing the other party? Here are 11 essential steps to take to guide your way.
As A Pro Se Litigant, Beware Of Form Over Substance
You may think legal forms are saving you time and money but beware — they’re not the saving grace the courts want you to believe.
How To Make Unbundled Legal Services Work For You
Do you know what unbundled legal services are? You’re about to learn exactly what they are and how to make them work for you.
5 Things Self-Represented Litigants Learned The Hard Way
We talk to self-represented litigants regularly. Learn 5 things they wish they’d known before they entered the courtroom.
A Lesson In Damages: Know How You’ve Been Harmed
When one person’s interests are harmed by another’s actions, it all comes down to damages. Know exactly the harm done or risk losing out.
Pro Se Litigation: Hear It From A Judge
Get a judge’s thoughts on how to make pro se litigants’ journeys go a little more smoothly.
Responding To A Motion To Dismiss
When you file a civil complaint, the defendant may file a motion to dismiss your case. Learn the grounds for these motions and how to combat them.
Throwback To That Time I Got Thrown Out Of Court
Lawyers say it’s important to be polite in court, but the truth is that persistence pays. Learn how to handle yourself appropriately from my experience.
Should There Be A Right To Free Lawyers For Civil Litigants?
Lawyers make a big difference in the success and fairness of court cases. But what about those who can’t afford representation?
What Types of Cases Do Federal District Courts Hear?
If you’re considering filing a legal action in the federal district court system, there are a few things you should know. Find them all right here.
Watch Out for These Common Litigation Pitfalls
Don’t make these common pro se litigant mistakes. Learn the litigation pitfalls and how to avoid them.
Want Justice? California Courts Say You Need a Court Reporter
California joins a few other states in providing free court reporters to litigants. Learn how this came about and why you need a court reporter.
Can You Appeal Based On Legal Malpractice?
If you mess up your case as a pro se litigant, can you appeal under “legal malpractice?”
Florida Judge Says You’re Either Broke or Crazy to Be a Pro Se Litigant
A Florida judge thinks you’re either broke or crazy if you represent yourself. Take a look at the history of judicial bias and what you can do.
What Is Justice? A Historical and Modern Look
What is “justice,” really? What does it truly mean? What did it mean historically? Take a deep dive into this essential concept with Courtroom5.
With Courtroom5, “It’s the Other Way”
You don’t have to get “lawyer-handled.” Here’s a story about showing your opposing counsel it’s “the other way” when you work with Courtroom5.
What Is Justice as a Service (JaaS)?
Learn what Justice as a Service is and how it can make it easier for you to find justice in your claim.
A Court Reporter Stops All Foolishness
Never attend a hearing without a court reporter! Read my experiences seeing these essential workers in action.
Legal Research Is a Struggle for Lawyers Too
Turns out lawyers aren’t as infallible as they’d like us to believe. Learn why you should stop being intimidated by the opposing lawyers in your case.
How I Beat an Eviction with Case Law
When we don’t pay our rent, we get evicted. But we always want to find a loophole, and there are plenty to be found in case law.
Surpass the Judge’s Expectations
A look at judicial bias, how it can affect you as a pro se litigant, and the wise words of retired judge Richard Posner.
How to Analyze a Civil Case and Craft a Litigation Strategy, Part 1
Learn the simple procedure we as pro se litigants can use to analyze a civil case as it moves along the civil claims process (part 1 of 2).
How to Analyze a Civil Case and Craft a Litigation Strategy, Part 2
Use a sample scenario to continue learning how to analyze a civil case from start to finish (part 2 of 2).
10 Reasons to Represent Yourself in Court
Going to court? Here are our top 10 reasons why you should consider representing yourself.
Judicial Bias and Ways You Can Combat It
Judges typically rush or detest pro se litigant cases. Here’s a deep look at why and how you can make them take you seriously.
How to Find the Strengths and Weaknesses in Your Case
It doesn’t matter if you’re the plaintiff or defendant — analyze your case from both sides to map your winning strategy.
The Effective Pro Se Litigant — Ingredients and a Recipe
Learn the seven attributes of a successful pro se litigant and get ready to win your case.
Litigation: Expectations vs. Reality
Learn some of the common misconceptions about the litigation process versus the reality of how your case may unfold.
What Does a Civil Complaint Consist Of?
Civil complaints are documents that initiate court lawsuits where one private person or entity claims to have been harmed by another private person or entity.
What Are Punitive Damages and How Do I Get Them?
Punitive damages punish defendants in cases in which their conduct was outrageous. Learn the ins and outs of punitive damages.
On the Critical Importance of Black Lawyers
The Black lawyer has traditionally been the bridge to justice for members of the Black community. Our new world needs Black lawyers more than ever.
The First 9 Things To Do When You’ve Been Served
Learn the top nine essential steps to take after you receive a court summons or complaint.
How Do You Select a Date for a Hearing on a Motion?
A motion is a request for a judge to issue a ruling on a specific problem. The process for scheduling hearings on a motion involves a few key steps.
All About Family Court Motions
Family court motions may be filed while a case is pending or after the judge has issued final orders. There are several you can use for varying types of relief.
What Petitions Can Be Filed in Family Court?
A petition is a legal document you file with the court to open a new action (or case).
6 Of The Biggest Mistakes Pro Se Litigants Make
Pro se litigants often lose their cases when they make mistakes, even when the infractions are minor. Avoid these six mistakes to stay alive.
Using Text Messages and Emails in Mediation, Family, or Divorce Court
Can texts and emails be used in mediation, family, or divorce court? Short answer: yes, they can.Texts, emails, Facebook and Instagram Messenger, and WhatsApp correspondence have all become common and accepted forms of evidence in divorce/family court and beyond. Knowing how to collect, consolidate, and quickly retrieve mobile evidence can be critical in obtaining your desired results.
Self-Represented Litigants: 5 Rules for Presenting Evidence in Court
Self-representing in court for your legal matter? Here are a few tips on making sure your evidence really counts when you try to present it in court.
What Is The Purpose Of A Motion?
When you’re involved in a lawsuit, you have two ways to communicate with the judge: speaking before the court during a hearing or trial or by filing a motion. A motion is a written request for the judge to issue an order or make a decision on a contested issue. You can use this procedural device to request relief on a specific detail of a case, like a hearing date. Under certain circumstances, you can also use it to resolve the whole case before it goes to court. It’s important to understand how motions work and learn what they can do for you. Here are some tips:
The Motion To Vacate Default Judgment
After handling hundreds of cases, attorneys become accustomed to the ups and downs of litigation. However, most pro se litigants don’t deal with legal anxieties on a regular basis. One of the most worrisome situations for any defendant is an Entry of Default Judgment against them. This occurs when you, as a defendant, aren’t available to present your side of the case. Fortunately, in the legal world, it’s not over ’til it’s over. If you have a good reason, you can file a Motion to Vacate a Default Judgment Order.
Understanding The Breach Of Contract Claim
Oftentimes, we create contracts without giving them a second thought. So, when we’re sued, we don’t always recognize the claim as a breach of contract claim. Would you handle your case differently if you knew?
6 Techniques To Boost Your Self-Representation
Whether it’s a knack for finding just the right appellate cases or an aptitude for selecting the ideal jury, successful litigators value that extra edge. Sometimes that edge can be psychological. Luckily, you have a variety of mental tools at your disposal. Using methods of psychology, you can increase your confidence, communicate effectively, make more persuasive arguments, negotiate settlements, and more. Below are six behavioral techniques for managing your case.
What To Do With That Summons You’ve Just Been Served
After working a grueling double shift over the holidays, Mark was served with a summons and a copy of a complaint alleging that he was responsible for a slip and fall that occurred on a property owned by his deceased aunt.
Sovereign Citizens Make Pro Se Litigants Look Silly
Sovereign citizens believe the U.S. government became a corporation and lost jurisdiction over its citizens in 1933 when the gold standard was dropped.
Pointers for Trial Preparation And Evidence Presentation
You have spent months, maybe even years, working towards this moment. It’s time to try your civil case. What do you need to know now?
U.S. Courts At The End Of The Pandemic
The coronavirus pandemic has changed our court system. Closures, delays, remote hearings, etc. have changed the way courts operate.
Test Your Readiness For Court
In litigation, not all knowledge carries equal weight. What important legal concepts are you missing? Take this readiness test to find out.
Bullies. Threats Of Attorney’s Fees Against Pro Se Litigants
When you fight capably in court, lawyers try to beat you down. But don’t let them bully you out of pursuing your case with the threat of attorneys fees.
An “Agreement” With A Relative Becomes A Court Fight
A man’s account of legal events that took place after the death of his grandmother serves as a cautionary tale for those in similar fights with relatives.
#BlackLivesMatter = #DefundThePolice
#BlackLivesMatter is a call to #DefundThePolice because the function of policing is to make Black lives matter less. We can’t have one without the other.
Why Do Pro Se Litigants Lose So Often?
Pro se litigants are practicing law without a license, which is our right when we’re directly interested in a case. But it also means we lose, a lot.
31 Affirmative Defenses and How To Assert Them
One of the best ways to fight back when you’re being sued is with a strong affirmative defense that avoids liability even when the complaint is all true.
What To Do When Your Lawyer Has A Drinking Problem
When a lawyer can’t manage your case because of a drinking problem, consider how this affects your case, and think carefully about ways you can handle it.
What Won’t You Do To Fight Eviction In A Pandemic?
Eviction cases are nearly always biased toward the property owner. Can a tenant level the playing field and fight eviction by claiming ownership?
10 Reasons Why You Should Appeal A Grant of Summary Judgment
Summary judgment against you means the other side wins. That’s the end of your case, unless you do something about it.
Litigation On A Budget — Pondering The Cost Of Representing Yourself
When you must choose between battling it out in court, quitting or hiring a lawyer, battling it out might be the most attractive cost-conscious option.
The Difficulties Of Dealing With Supercilious Lawyers
Get used to it. Supercilious lawyers are here to stay. A tongue-in-cheek look at lawyers who bemoan the presence of pro se litigants in court.
Did The Judge Really Ask, “Who Wrote That Up For You?”
Audio clips from a court hearing in which the judge, stunned by a pro se defendant’s courtroom proficiency, asks, “Who wrote that up for you?”
The Crackheads And Extortionists Who Sell State Laws
Your chances of winning as a pro se litigant are reduced when a state, acting like a crackhead and extortionist, tries to sell you access to its laws.
When Opposing Counsel Wants Mediation, Prepare For Trial
Remember the old adage, “No matter how dumb the dealer looks, cut the cards”? Well, when opposing lawyers talk mediation, don’t trust them, cut the cards.
3 Legal Letters Every Pro Se Litigant Should Know About
We discuss three of the most important party-to-party legal letters, including the letter of protection, spoliation letter, and demand letter.
Best Blog Posts For Pro Se Litigants – The 2019 Edition
We highlight our top posts for 2019, which took on topics like amending pleadings, finding elements of claims and defenses, and defeating summary judgment.
Did You Come To Appease Or To Conquer? The 5 Types Of Pro Se Litigants
Are you the kind of pro se litigant who is lost in the courthouse wilderness? Or did you come to conquer it? Let’s find out!
What “Winning” Means For The Pro Se Litigant
Winning is not always about a judgment. It’s about aligning your goals with a strategy to achieve them. Thats what winning looks like for pro se litigants.
7 Ways To Waste Time And Money In Litigation
Litigation is a huge expense of time and money and a drain on the nerves. So, save time, money, and your nerves by avoiding these 7 unnecessary things.
You Too Can Write An Appellate Brief
To succeed in writing an initial appellate brief, you must persuade the Court that the case should be reversed. Here’s information to help you persuade.
If You’re A Pro Se Plaintiff, This Manual Is For You
To help the pro se plaintiff reach the best possible outcome in their cases, this manual will provide insights into essential areas of the law.
What Should You Wear To Court When You Represent Yourself?
Want to know how to dress for court? Dress to subtly remind the judge that you’re not a lawyer. Then surprise him with your knowledge.
5 Things Self Represented Litigants Wish They’d Known Before Going Pro Se
Here are 5 lessons that self represented litigants learn after they’ve lost their cases. We know from experience that’s the absolute worst way to learn.
3 Ways Civil Justice is Unequal “Justice” to Pro Se Litigants
The path to due process is littered with obstacles pro se litigants must manage before getting to some justice. Here are some obstacles to be aware of.
Tricks Are For Lawyers: A Guide For Dealing With Bad Lawyer Behaviors
To be your own lawyer, you might have to face an opponent’s lawyer, and they don’t play fair. Here are some tips for dealing with bad lawyer behaviors.
Considering Going Pro Se? Here Is What You Need To Know
If you’re in a civil action but don’t have a lawyer, you can represent yourself, or proceed pro se. If you do, here are some things you should know.
When You Understand Motions And Pleadings You Can Escape Dull Forms and Take Over Your Case
Motions and pleadings can commence a case, move a case along, and even kill a case. In the hands of the right person, they are powerful indeed.
Best Blog Posts For Pro Se Litigants – The 2018 Edition
In 2018, we tackled a multitude of topics important to pro se litigants. Here, we highlight the best posts of the year–the ones you don’t want to miss.
Big Judicial Salaries, Low Workloads, And The Pro Se Litigant
Once a pro se litigant plops down his court fees, high paid judges, particularly in the federal system, don’t give their cases the time they need.
U.S. Courts Are Dismissing Too Many Cases And Violating The Constitution
U.S. courts are dismissing lawsuits too frequently, and in doing so, they are violating the Constitution by denying the right to jury trials.
Motion For Justice By Brian Vukadinovich
Brian Vukadinovich’s Motion for Justice — I Rest My Case chronicles a lifetime of battles with the judicial system that should not have needed fighting.
8 Myths About Self-Representation In Real Court That Need To Be Quashed
Litigation is complex, but you can do it as long as you discard your myths about the process, the people involved, and your own preparedness for real court.
Civil Procedure Can Be Everything In Litigation
When you’re representing yourself in court, civil procedure can be everything. That’s especially true when you’re up against a lawyer.
When A Dragon Needs Slaying, Call Isaac Wright, Jr.
Isaac Wright, Jr. delivered the clapback of the century when the men who framed him for drug crimes and stole his freedom got justice at his hands, legally.
Why Can’t The Legal Profession Deliver Access To Justice?
The function of the legal profession is access to justice. Is it too much to ask lawyers to prioritize the issue? Yes, as it turns out, it probably is.
Calling 911 For Intentional Infliction Of Emotional Distress
One way to stop racist White people from calling 911 to harass Black people is to sue them for intentional infliction of emotional distress.
Trial Planning As A Pro Se Litigant Begins At The End
Avoid a sleepless night on the eve of trial by preparing early. Trial planning for pro se litigants should start with the pleadings.
When A Lawyer Sees Court Through Pro Se Eyes
Former lawyer Nicole Bradick, an entrepreneur and legal tech expert, recently founded a software firm that focuses on civil justice projects.
Judges Gone Wild — Is Lack Of Accountability To Blame?
Even in cases where you might think the judge is a little cuckoo, you must follow court rules in the hopes of getting some justice.
What Does The Judiciary Have Against The Sixth Amendment?
Yet another tale of a judge disrespecting pro se litigants, this time by not allowing a criminal defendant his sixth amendment right to self-representation.
Perspectives On “A Right To Free Lawyers For Civil Litigants”
Two civil litigants share their experiences of self-representation in the federal courts, and sound in on the notion of free lawyers for civil litigants.
Celia Of Missouri And The Promise Of Judicial Process
The case of Celia, a slave who had been routinely raped by her master, reminds us that our courts don’t promise justice, only judicial process.
A Good Year Is A Good Reason To Say Thank You – The 2017 Edition
There are lots of ways to have a good year. In all the ways that matter, 2017 was a very good year for Courtroom5. Thank you.
This Lawyer Joke Is The Greatest Of All Time
Every lawyer joke has the same punch line, a reputation for ethical lapses. So did you hear the one about the number of lawyers it takes to fix a lightbulb?
Can’t I Just Fill Out The Court Ordered Form?
A court ordered form may be good for simple matters. But when you represent yourself in real litigation, get Courtroom5. In which category is your case?
Courthouse HOV Lane Reserved For Lawyers
From physical access to chambers to simplified scheduling procedures, lawyers get an HOV lane at the courthouse that leaves the rest of us in traffic jams.
Tell Me About Your Case
We keep our civil cases secret from family and friends. It’s why we feel so isolated as self-represented litigants. No more. Come tell me about your case.
Prophetic Genius Richard Zorza
With the discovery that the typical civil case involves a self-represented litigant, Richard Zorza becomes one of the Lawyers We Love the most.
The Court Of Appeals Giveth, The Court Of Appeals Taketh Away
When a self-represented litigant loses at trial, the court of appeals can be a savior. It can also be a nemesis when you win. Here’s a tale of two cases.
Tavis Smiley Hosts Town Hall Meetings On Justice
In “Courting Justice,” the host of the Tavis Smiley Show on PBS looks at the reasons our justice system has lost the trust of those it was meant to serve.
Michael Ratner, Presente!
Michael Ratner, the radical fighter for human rights around the globe, was one of the Lawyers We Love. We mourn his passing in New York at the age of 72.
When In Doubt, Remember None Of Us Are Perfect
It’s easy to feel like a loser when you find yourself involved in litigation, but to win, you must get over it and remember that none of us are perfect.
5 Frivolous Lawsuits Someone Should Risk Sanctions To File
Civil litigation is nothing to play with, but paying sanctions for a frivolous lawsuit could be worth making a point for issues that matter.
Enslaved Persons In The Nation’s Capital Sued For Freedom
A 19th century archive of DC federal court cases contains numerous petitions for freedom from enslaved persons, some of them successful.
Top 12 Posts On How To Win In Court — The 2015 Edition
For a short course on self-represented litigation, take a look at our best non-lawyerly advice on how to win in court in 2015.
Confusing Access To Justice With Judicial Efficiency
This year’s Brennan Lecture on access to justice was more about judicial efficiency. They are not the same and often come into conflict.
Legal Bits Episode 422
Legal Bits for December 2015: New Hampshire’s parking meter gangsters, clogged courts in Canada, and a forgotten strategy for beating an eviction.
Let The Buyer Beware The Mandatory Arbitration Clause
A New York Times investigation finds mandatory arbitration clauses creeping into standard contract language, giving new meaning to “let the buyer beware.”
Happy Birthday To Ms. Nofoot Allfoot Infinity Serpentfoot
Serpentfoot is 82 years old today, old enough to have the name she wants. A local judge thinks otherwise, but he will learn. Wishing her a happy birthday!
Special Jurisdiction Courts Are Designed To Deny Access To Justice
Special jurisdiction courts are all the proof we need that the courts were never designed to provide common people with access to justice.
ABA Signifying Nothing With Panels On Self Represented Litigants
The ABA elite met in Chicago and groaned about the logjam of self represented litigants, but most commentators were guilty of signifying nothing.
Disruption In The Legal Profession, Finally
Rich Barton, tech entrepreneur and Avvo director, sat down with the ABA president to explain why disruption is coming to the legal services industry.
Sylvia Ann Driskell v. Homosexuals Is Why We Can’t Have Nice Things
We’ve all made pro se mistakes that could be laughed out of court. But Sylvia Ann Driskell’s lawsuit is the kind of mess that deepens the bias against us.
Rihanna’s BBHMM Is A Plaintiff’s Anthem
Rihanna’s BBHMM is a fierce demand for justice and a commitment to get what one is owed. That’s the attitude every plaintiff should take into court.
The Tinley Park Squatter Is A Hero
The Tinley Park squatter is playing the system, but probably not as badly as the system has plagued her. She’s caring for family the best way she knows how.
The Pain Of Losing A Case On Appeal
Losing a case on appeal is painful. The judge is an idiot, or biased, usually both. But you’re dealing with professionals on a higher court. Right?
Judicial Tyranny An All Too Common Experience
To combat judicial tyranny as a pro se litigant, know the law, express it boldly, and never appear before a judge without a court reporter.
The Two Constitutions of Justice Thurgood Marshall
Justice Marshall saw two federal constitutions, and the potential for others. He said the first was fundamentally flawed by its accommodations to slavery.
Martin Luther King Jr On Law and Order
Law and order as interpreted by the courts are about power, not justice. But power can come from a mere willingness to demand justice.
Lean Courts For True Access To Justice
Courts across the country are working to improve access to justice. Can they learn from the lean startup methods used to build new businesses?
A Legal Self Help Center Everywhere By 2020
A strategy for building a legal self help center in every jurisdiction in the country in the next five years would make for a powerful social revolution.
Is Access To Justice Different for Different Litigants?
A Richard Zorza article describes the difference in access to justice for various groups of litigants, including corporations and self-represented parties.
Closing the Justice Gap for Unrepresented Litigants
Looks at New York State’s efforts to close the justice gap in litigation outcomes between represented and unrepresented litigants.