Personal Jurisdiction

Time to explore this concept of “jurisdiction” of state courts a little more. First, it will help to understand where it comes from. All states, just like the United States have some form of constitution that creates and empowers their court system. The original problem is that states by definition are limited in their authority to what lies within the …

As technology in general and the internet in general progress, one of the areas of the law that is becoming more and more important, especially if you are representing yourself, is jurisdiction. That will be the topic of this and the next several posts. Imagine this scenario. You live in upstate New York. You make your living by going to …

One of the reasons people may elect to represent themselves is the high cost of lawyers. Being advised in the middle of the “free initial consultation”  that anything more will cost you $2500, $5000 or even $10,000 retainer against an hourly fee of two or three hundred dollars,  can be sobering at best. Some of us can afford this kind …

More Planning

The last thing we discussed was the importance of planning. Of exploring options and doing enough research to know what those options were. Let’s look at that in a little more detail. As I tried to get across, it is important to know long before you file a lawsuit whether or not you have a viable case, whether or not …

Plan, Plan, Plan!

In the last few posts we talked about options available to both plaintiff and defendant in terms of kinds of courts and locations. Now it’s time to change gears a little bit and put ourselves back in the plaintiff’s shoes. We have to do some careful planning before we proceed. Why now? Why not later? While in our book, Be …

Move Things Around

In the last post we talked about as a defendant moving a lawsuit from one kind of court to another.  Today, we’ll assume that we’re where we want to (or have to) be in terms of the kind or level of court, and we’ll focus on the location.We’ll try to talk to you about some things that you can do …

How to Make the Plaintiff’s Life Miserable

 In this and the next few posts we’ll talk about how to cause the plaintiff as much inconvenience, trouble and expense as possible. In short, we want to make him want to rethingk the wisdom of ever bringing the lawsuit. The first question for the defendant that we posed in the last post was, do you want to leave the …

When You’re Being Sued

Moving right along, I hope you’re beginning to get the picture of how to lay all of this out so that you can make logical decisions. So far, we’ve talked about the plaintiff. Let’s talk a little about what happens if you are the one getting sued. Many times the first time you’ll know that you are a defendant in …

Where to Begin

Ok you’ve put all the questions together in a big bowl, stirred vigorously and have decided that you need to proceed with a lawsuit. Congratulations. You’ve passed step one.  Now we can move on to other issues. The next things you’ll have to decide are against who, and where to bring your lawsuit. Remember how I told you to keep …

Representing Yourself – Before it Begins

One question that we get asked more than any other is, “how do I even start to represent myself? What I’d like to do, starting in this post, and continuing for a while, because of course it’s a huge topic, is to talk little bit about that. We’ll break it up into pieces so you don’t fall asleep. But if …