Tips for representing yourself in court?

T

Transition

Guest
I expect to be summoned to court shortly by ex re conflict about property we hold in joint names. Ex is not being fair re dividing up property. I have consulted a barrister about issues involved. I want to represent myself for empowerment reasons as ex has been very unkind & emotionally abusive to me. If I get into difficulty I will hire solicitor immediately.
Any tips re managing court process or conducting oneself in court?
 
Transition,
This would seem very unwise.
Words like 'empowerment' are very emotive: it is better not to bring this into a courtroom. It will end up costing you money (also stress, and possibly egg on face too, which will certainly not be 'empowering' for you).
You are better off to instruct a professional, who will be objective, and leave it to them.
What have you to gain from this? Rationally, probably very little.
You will not gain any advantage over your ex partner by doing this.
Nicola
 
2 old sayings spring to mind:"A lawyer who represents himself has a fool for a client" and "Don't bring a knife to a gun-fight"

Hiring a solicitor if you get into difficulty may not really work out as sometimes it's only through experience you realise when you are in trouble!! Don't forget your ex will be hiring a professional and while it may appear to save you money by not hiring a solicitor it could be a false economy if your ex gets the lot.

As for empowerment, I can understand your sentiment but how empowered will you feel if you get a bad deal or nothing at all??
 
As all others have said, D'ONT!

By all means research similar cases and be empowered by preparing yourself to answer and give your side in the best way. Don't be driven by your emotions on the day, stay focussed.

It is my view that self representation is totally ill advised, you may as well try to drive a sports car with a blind fold on the busiest 4 lane motorway and expect to arrive safely at your destination.

Please just D'ONT, you will get crapped on twice!
 
Seriously do not do this. It takes years to become a solicitor/barrister judges do not appreciate people who feel thay can bypass this.

What is that saying...
He who represents himself has a fool for a client (something to that effect).
 
As I said I have consulted a barrister about issues. Pretty straight forward case. Ex just using this process to bully, intimidate & control me. I am confident in the facts and confident that I am being fair and objective about the possible result. As I said if I get a sniff of being in deep water I will get a solicitor. You are all very discouraging and not offering tips. Has anyone out their represented themselves before?
 
Transition said:
As I said if I get a sniff of being in deep water I will get a solicitor.
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If/when you get into deep water it may be too late for this. I would also concur with the warnings against representing yourself. Unless the particular court in question (family court?) is somehow more tolerant than others of this sort of thing?
 
Transition
You are speaking with your heart, not your head here:
Transition said:
Ex just using this process to bully, intimidate & control me.
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Transition said:
I am confident in the facts and confident that I am being fair and objective about the possible result..
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Do you think you can be objective in this?
Transition said:
.. As I said if I get a sniff of being in deep water I will get a solicitor.
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But may be too late and messy then..
Transition said:
You are all very discouraging and not offering tips.
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People are not being discouraging, they are offering sensible advise.
Had the barrister that you have consulted somehow suggested to you that self representation is a good idea?
 
What did your barrister advise?

I too think that you should invest in legal representation but as you asked.... dress professionally not provocatively as people do judge you on your appearance, have all your facts fully typed out and ready to back them up in as clear and short a manner as possible, go down to the courts for a couple of weeks beforehand to see how it works. Are you sure you will not be in bits, it's a very brave thing to do and you should not underestimate how emotional you could become. Make sure you know when your case will be called. Be aware that some judges may actually take against you just because you have decided to represent yourself. More kindly judges will treat you with respect and will try to help you. Be 100% honest, many have failed at this hurdle. Best of luck.
 
There is nothing "empowering" about putting yourself in a situation where you are at a disadvantage. There is nothing whatsoever to be gained by this. Don't fool yourself by thinking that just because it seems straightforward now when you are sitting talking to a barrister who is agreeing with you that it will be straightforward when you go head to head with a seasoned, professional barrister that most certainly disagrees with you.
Separate your issues and deal with them appropriately, there is no value in fighting your emotional argument in a legal setting. Stick to the argument in hand and put aside your emotional empowerment for another day. He is your ex. Hopefully you won't have to spend much more time with him so stop trying to build yourself in his eyes, he doesn't matter.
 
If this is as clear cut a case as you suggest, why not hire a barrister? Wont you be awarded costs if you win?
 
Bronte said:
, go down to the courts for a couple of weeks beforehand to see how it works
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All family law cases are heard in private so this is a non runner.

You use words like 'bully...intimidate...control' about your ex but feel you are objective and can remain that way. These seem to be contradictory.

You will be asked at the outset if you want time to obtain representation, however it would be a rare judge who would agree, half way through a hearing ( if you feel you are 'running into difficulty') to adjourn the hearing of an action so that you could have weeks or months to obtain representation. There won't be solicitors and barristers hanging around waiting to represent you, you know. This is at the least a circuit court action, if not high court and these actions take most solicitors months of work to prepare properly.

At the callover of the list wait to see the solicitors and barristers wince when you state you are representing yourself...some in disbelief, some in sympathy.

What kind of action is this- a notice of motion requesting a property adjustment order? I ask because from your initial post it does not seem that this is a jud sep or divorce in itself but possibly a motion precipitated by some action of yours. However if it is in fact a jud sep or divorce hearing that makes it even more serious and could have long lasting consequences for you.
 
The barrister said it was a simple case. The issues are very clear. I have my facts and figures to back me up. I told Barrister that due to issues of bullying I would prefer to represent myself but that I was not an idiot and if I needed legal representation I would get it without hesitation. I asked Barrister if he felt I could do this on my own and he said yes. He said I had a very good case. Issue is in relation to jointly held property. Feeling empowered is something to be gained, and is very valuable to me and my dignity.
 
Transition
Some of the advise here is from solicitors also. You should bear this in mind.
This is not about 'empowerment'.
With respect, you can attend a self help group/counsellor to help yourself obtain that, which may be a more appropriate forum.
This is about a fair division of assets, pure and simple.

Nicola
 
You'd be more empowered by simply winning the case.

A good legal professional can filet even the most prepared lay litigant in a courtroom. It is their job, they have a loads of practice, sound convincing in court (even when their arguments dont stack up) and know all the loopholes and trip up points. Would you not feel more empowered by hiring a good barrister and sitting back and enjoying him/her demolishing the oppositions case?
 
Transition said:
I asked Barrister if he felt I could do this on my own and he said yes. He said I had a very good case.
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Well that's enough for me. Any officer of the court will understand this advice and if OP has been so advised it seems clear his is one that s/he should fight alone.
 
Transition said:
The barrister said it was a simple case. The issues are very clear. I have my facts and figures to back me up. I told Barrister that due to issues of bullying I would prefer to represent myself but that I was not an idiot and if I needed legal representation I would get it without hesitation. I asked Barrister if he felt I could do this on my own and he said yes. He said I had a very good case. Issue is in relation to jointly held property. Feeling empowered is something to be gained, and is very valuable to me and my dignity.
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Transition, I don't think anyone thinks you are an idiot. Just no-one can see the value there is in going it alone for reasons which have nothing whatsoever to do with the case. Your empowerment is absolutely irrelevant to the fact that you are in court regarding an "issue in relation to jointly held property".
 
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