Earlier, we outlined a recipe for analyzing a case and creating a litigation strategy. The right litigation strategy can help a pro se litigant choose the next step in a case. In this second part, we use a simple slip and fall scenario to test the recipe. Thinking through your own scenario from beginning to end can be the start of a successful experience in court.
Is there a ‘one size fits all’ process for developing a litigation strategy in a civil case? Probably not, but we can start one for our own cases by answering a few key questions at each step in a case. We outline those questions in this first of a three-part series on analyzing a civil case.
As pro se litigants, we often dive into the courtroom without understanding the claims we’re fighting. The essential step in developing a litigation strategy is to understand the element of each claim and each affirmative defense. Just as you don’t make cement without iron, don’t file a claim or assert a defense without the proper elements.
Joseph Campbell’s “Hero With A Thousand Faces” describes the classic stages of every adventure, a sequence of challenges found in myths throughout history. Pro se litigation is an adventure, and anyone who takes it on is a hero. Walk through the stages of a case with our heroic pro se litigant.