Respond To A Motion The Right Way
Motions help parties in a lawsuit communicate and move the case along. Explore practical strategies to use when responding to a motion.
I Am Not A Lawyer – the Courtroom5 blog
5 Reasons We Don’t Seek Help For Legal Problems
We are often reluctant to address legal problems. Understanding the reasons we don’t seek help for legal problems is key to finding solutions.
What To Bring To A Summary Judgment Hearing
A motion for summary judgment seeks a final decision in the case without trial. Here’s everything to bring to the summary judgment hearing.
Telling A Compelling Story: The Key To Opening Statements
Your opening statement should tell a story, set the tone for the trial, and be entertaining, all at the same time.
What Happens Once I File an Appeal?
Understanding the basics of the appellate process before you file an appeal to a higher court can help you file an effective brief.
A Guide to Legal Settlements in the US
Legal settlements are agreements between parties in a lawsuit to resolve the dispute without trial and mitigate the risk of losing.
Everything You Need to Know About Affidavits
Affidavits are written statements, sworn under oath and signed by the affiant, recounting facts surrounding an event or situation.
11 Steps To Take When You Need To Sue
Have you been injured in some way? 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
Unbundled legal services are specific tasks a lawyer might perform for a client who can’t afford or doesn’t require full representation.
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
Judge Beverly W. Snukals sees a lot of pro se litigants in her court. Get a judge’s thoughts on how to make their journey go more smoothly.
Responding To A Motion To Dismiss
When you file a civil complaint, the defendant may move to dismiss your case. Learn the grounds for responding to a motion to dismiss.
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, even if it gets you thrown out of court.
Elements Are Everything In Litigation
Elements are the components of a cause of action or an affirmative defense that must be proven to make a party liable or avoid liability.
Should There Be A Right To Free Lawyers For Civil Litigants?
Lawyers make a difference in your success in court. Should those who can’t afford legal representation have a right to free lawyers?
What Types of Cases Do Federal District Courts Hear?
If you’re considering filing a legal action in the federal district courts, there are a few things you should know.
Watch Out For These Common Litigation Pitfalls
Don’t make these all too 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 a free court reporter to certain litigants. Learn 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 the doctrine of “legal malpractice?” It may be worth a try.
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 does justice truly mean? What has it meant historically? Take a deep dive into this essential antidote to social chaos.
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 join Courtroom5.
What Is Justice as a Service (JaaS)?
Learn the concept of Justice as a Service and how it can potentially make it easier to find justice in your case.
A Court Reporter Stops All Foolishness
Never attend a hearing without a court reporter! Read these real-life examples of these essential workers in action.
Legal Research Is a Struggle for Lawyers Too
Don’t be intimidated by the opposing lawyer in your case. Turns out they struggle with legal research almost as much as pro se litigants.
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).
Keeping Your Motion To Dismiss On A Leash
All that matters in a motion to dismiss is whether the complaint contains enough allegations against you to merit a judge’s attention.
10 Reasons to Represent Yourself in Court
Few people can afford a lawyer, but that doesn’t stop court from happening. Here are the top 10 reasons to represent yourself in court.
Judicial Bias and Ways You Can Combat It
Judges often rush through cases involving a pro se litigant. Here’s a look at the reasons, and some ways to 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
You can win in court without a lawyer. Learn the seven attributes of an effective 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?
A civil complaint initiates a lawsuit, where one person or entity claims to have been harmed by another 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 the Black community. This 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’ve been served a court summons or complaint.
How Do You Select a Date for a Hearing on a Motion?
A motion asks a judge to issue a ruling on a specific legal issue. The process for scheduling a hearing 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 final judgment. Several types of motions can provide further relief.
What Petitions Can Be Filed in Family Court?
A petition is a legal document you file with the court to open a new case. Here are petitions to start various family court cases.
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. But knowing how to collect this evidence is critical.
Self-Represented Litigants: 5 Rules for Presenting Evidence in Court
Here are a few tips for the self-represented litigant on making sure your evidence really counts when you try to present it in court.
What Is The Purpose Of A Motion?
You have two ways to communicate with the judge: by speaking during a hearing or trial, or by filing a motion to request an order.
How To Oppose A Motion For Summary Judgment
A motion for summary judgment argues that no material facts are in dispute and that the moving party deserves judgment as a matter of law.
The Motion To Vacate Default Judgment
Default occurs when a defendant doesn’t respond to a complaint. If you have a good reason, you can move to vacate a default judgment.
Understanding The Breach Of Contract Claim
We often create contracts without a second thought. So when we’re sued, we don’t always recognize the claim as a breach of contract claim.
6 Techniques To Boost Your Self-Representation
Here are six psychological tricks for self-representation to build confidence, make persuasive arguments, negotiate settlements, and more.
What To Do With That Summons You’ve Just Been Served
There are several options to consider when you’ve just been served with a complaint and summons, but the choice must be part of a strategy.
Gotcha! The Unintended Admission That Kills Your Case
A request for admissions cannot be ignored. When you neither admit nor deny the statements, or object to them, they may be deemed admitted.
Sovereign Citizens Make Pro Se Litigants Look Silly
Sovereign citizens believe the U.S. government is a corporation that lost jurisdiction over citizens when the gold standard was dropped.
Pointers for Trial Preparation And Evidence Presentation
You have spent months, maybe years, jumping through hoops to get justice. It’s time to try your case. Here are your trial preparation tips.
U.S. Courts At The End Of The Pandemic
The coronavirus pandemic has changed our justice system. Closures, delays, and remote hearings have altered the way our 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.
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 strong affirmative defenses that avoid 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.
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.
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.
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 evidence.
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?
Another judge disrespects a pro se litigant, 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 of Missouri, a slave routinely raped by her owner, reminds us that courts promise only judicial process, not justice.
This Lawyer Joke Is The Greatest Of All Time
Every lawyer joke has the same punch line, some ethical lapse. 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 court cases secret from family and friends, so we’re isolated as self-represented litigants. Come tell me about your case.
Prophetic Genius Richard Zorza
By showing that the typical civil case involves a self-represented litigant, Richard Zorza becomes one of the Lawyers We Love the most.
When In Doubt, Remember None Of Us Are Perfect
It’s easy to feel like a loser when you find yourself in litigation. But to win, you must get over it and remember 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.
Let The Buyer Beware The Mandatory Arbitration Clause
A New York Times report finds mandatory arbitration clauses in standard contract language, giving new meaning to “let the buyer beware.”
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, a bunch of sound and fury 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 profession.
Sylvia Ann Driskell v. Homosexuals Is Why We Can’t Have Nice Things
Sylvia Ann Driskell’s lawsuit is the kind of mess that deepens the bias against pro se litigants when it’s laughed out of court.
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, something every plaintiff should take into court.
The Tinley Park Squatter Is A Hero
The Tinley Park squatter played the system, but not as badly as the system has plagued her. She’s caring for family the best way she can.
The Pain Of Losing A Case On Appeal
Losing a case on appeal is painful. Your judge was either an idiot, or biased, or both. But appellate court judges should be better, 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 Thurgood Marshall saw multiple federal constitutions. 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.
Is Access To Justice Different for Different Litigants?
Richard Zorza described the difference in access to justice for different litigants, including corporations and self-represented parties.
Closing the Justice Gap for Unrepresented Litigants
New York is dedicating resources in an effort to close the justice gap in litigation outcomes between represented and unrepresented parties.
