How and When to be Your Own Lawyer

by Robert W. Schachner

Overview

“A thorough, careful examination of the ins and outs of self-representation . . . the text is as interesting as practical.” –Library Journal

“A valuable read for every entrepreneur. Knowing the legal system will not only put you at ease, but will immensely help in making you a better and more effective client when working with an attorney.” –Entrepreneur

If you’re having problems with a business deal that’s soured, an unresponsive landlord, or the guy who totaled your car, you can turn to the courts for relief. But if you think there is only one way to proceed, think again. In this country, there is a tradition of self-help law that is as much a part of our heritage as mom, apple pie, and the American flag. It’s called pro se—legal self-representation—and it may be the answer for you.

In this, the updated second edition of How and When to Be Your Own Lawyer—one of the most successful self-help law books ever published—authors Robert Schachner and Marvin Quittner, Esq., provide the average person with a no-nonsense guide to using the American legal system. Written in plain English, How and When to Be Your Own Lawyer leads you through the maze of legal processes principles—step by step—from making a realistic appraisal of your case to collecting a judgment. It provides information on drawing up a complaint, using a law library, devising strategy, assembling evidence, filing motions, and preparing and presenting your case in court, including advice on how to deal with an opposing attorney when proceeding pro se. The authors also offer clear explanations of legal terms and historical background that helps to make sense of many puzzling aspects of the law, all highlighted by real-life case histories.

Product Details

ISBN-13:	9780399527302
Publisher:	Penguin Publishing Group
Publication date:	01/28/2001
Pages:	432
Sales rank:	212,225
Product dimensions:	6.00(w) x 8.91(h) x 1.10(d)
Age Range:	18 - 17 Years

About the Author

Robert W. Schachner studied at Carnegie Mellon University and Duquesne University journalism school. He is a music producer and consultant to Lyra Productions America, Inc., with responsibility for all product development for Getaway Recordings, Who’s Who in Jazz, and New Age Music record labels, among others. He is the author of The Official Scrabble Word Finder and Last Words in the English Language.

Table of Contents

	Acknowledgments	vii
	Preface to the Second Edition	ix
	Preface to the First Edition	xi
1.	Understanding the System	1
2.	Point of Decision	19
3.	Using a Law Library	37
4.	Proceeding Pro Se	63
5.	Stopping the Clock	89
6.	The Kickoff	97
7.	Discovery	107
8.	Defensive Strategy	119
9.	Safeguarding Your Claim: Documentation	135
10.	Evidence	147
11.	Offensive Action	171
12.	Damages	189
13.	Settlement Strategy	207
14.	Mediation and Arbitration	223
15.	Pretrial Procedures	245
16.	Conducting Your Trial	261
17.	Reconsideration--Appeals	293
18.	Civil Enforcement (Collecting a Judgment)	319
19.	Summation	335
Appendix I	Don't Get Mad, Get Even	361
Appendix II	Anatomy of a Final Argument	363
Appendix III	Hypothetical Case and Judge's Instructions to Jury	372
Appendix IV	Pretrial Stipulation	377
Appendix V	Resources	378
	Glossary	383
	References	395
	Index	399

Editorial Reviews

This is a thorough, careful examination of the ins and outs of self-representation in a civil lawsuit. The authors open with a lesson on the judicial system, thereafter providing a realistic look at what to consider when deciding whether or not to proceed ``pro se.'' Once the reader decides to go it alone, this book gives him or her the necessary law, procedures, and strategies to prepare a case and get it to court. The how-to instruction is augmented by anecdotes and historical perspective, making the text as interesting as it is practical. Well-rounded appendixes provide forms, definitions, and sample arguments. Highly recommended for public libraries.-- Joan Pedzich, Harris, Beach & Wilcox, Rochester, N.Y.

Library Journal