# Tips for representing yourself in court?



## Transition (24 Jun 2008)

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?


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## John Rambo (24 Jun 2008)

Don't?


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## eileen alana (24 Jun 2008)

yeah, if you get in contact with this person, she has been through the same thing so may be able to advice you


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## NicolaM (25 Jun 2008)

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


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## jhegarty (25 Jun 2008)

For anything more important than a speeding ticket don't even think about it


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## PeterGriffin (25 Jun 2008)

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??


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## nesbitt (25 Jun 2008)

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!


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## Serenity1 (25 Jun 2008)

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).


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## Transition (25 Jun 2008)

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?


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## ClubMan (25 Jun 2008)

Transition said:


> As I said if I get a sniff of being in deep water I will get a solicitor.


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?


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## NicolaM (25 Jun 2008)

Transition 
You are speaking with your heart, not your head here:


Transition said:


> Ex just using this process to bully, intimidate & control me.





Transition said:


> I am confident in the facts and confident that I am being fair and objective about the possible result..


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.


But may be too late and messy then..


Transition said:


> You are all very discouraging and not offering tips.


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?


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## Bronte (25 Jun 2008)

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.


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## so-crates (25 Jun 2008)

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.


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## csirl (25 Jun 2008)

If this is as clear cut a case as you suggest, why not hire a barrister? Wont you be awarded costs if you win?


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## Vanilla (25 Jun 2008)

Bronte said:


> , go down to the courts for a couple of weeks beforehand to see how it works


 
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.


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## Transition (25 Jun 2008)

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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## NicolaM (25 Jun 2008)

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


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## csirl (25 Jun 2008)

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?


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## Vanilla (25 Jun 2008)

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.


 
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.


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## so-crates (25 Jun 2008)

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.


 
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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## TreeTiger (25 Jun 2008)

Transition said:


> I told Barrister that due to issues of bullying I would prefer to represent myself ...
> Ex just using this process to bully, intimidate & control me. ...


So this is about revenge in a way, you want to show your ex that you won't get let him/her away with it?  Far too much a risk to take in my opinion.  You could lose. What sort of empowerment is that and how will it help your self esteem?



Transition said:


> You are all very discouraging and not offering tips. Has anyone out their represented themselves before?


It's a pity you're taking good advice as discouragment.  Would you advise someone to operate on themselves, or to extract their own tooth?  I know a barrister who loves nothing better than a good argument, he doesn't care what side he argues.  I have seen him wind up people on social occasions just for fun, and imagine that to try and argue against someone with such training in a courtroom would be a very belittling experience.  Also, I have had friends who have been in family law courtrooms, and even with representation they found it a very upsetting experience.
It seems that no one on this thread has any experience of representing themselves (and no-one has told of anyone they know doing it).  Perhaps you might ask yourself why this is.



csirl said:


> Would you not feel more empowered by hiring a good barrister and sitting back and enjoying him/her demolishing the oppositions case?


Exactly!  The smile you would have on your face as you walked out the door would be very empowering.


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## nesbitt (25 Jun 2008)

I have been to court (once!) and I would never advise anyone to represent themselves.  I suspect you have some ill advised notion that this will empower you, it will not.  Self representation sends a message at the outset so powerful about you that you are loading the dice firmly against yourself.  In my opinion it says, I know so much I dont need legal professional representation.  Sorry they will take you apart, as previously said they know where to trip you up, how to annoy you so you loose it and make a complete bags of the situation.  It can be hard enough to fight your corner with the assistance of a good legal representative so please do not go it alone. I think you may well shoot yourself in the foot if you go ahead with this unwise plan.


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## Transition (25 Jun 2008)

I had a good giggle re operating on yourself & extracting your own tooth. Come on people! Why should I have to hire/pay a solicitor if I don't need one? I have witnessed court proceedings before and have testified myself in work related issues. There are no winners in this and I am not into revenge. I am into justice, equality, dignity & respect. Feelings of empowerment will be the bonus.


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## so-crates (25 Jun 2008)

Transition said:


> I want to represent myself for empowerment reasons as ex has been very unkind & emotionally abusive to me.


It seems to me from your original post you view it as more than a bonus, you see it as the reason.



Transition said:


> Any tips re managing court process or conducting oneself in court?


This would indicate a certain unfamiliarity with court proceedings...


> I have witnessed court proceedings before and have testified myself in work related issues.


This would indicate you don't need the hints and tips you are asking for.

What is it you want? Plaudits for going it alone? The advice has been virtually universal. Get representation. If you believe you don't need it, then go ahead.

I'm sorry but I think you are fooling only yourself in this. Your primary reasons are idealistic rather than realistic. At the end of the day whether or not you are "into justice, equality, dignity & respect" is immaterial to the matter in hand. This is a court case playing with valuable assets not a Miss World competition.


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## dazza21ie (25 Jun 2008)

Transition said:


> Why should I have to hire/pay a solicitor if I don't need one?


 
It is only you that thinks you don't need one. I have seen a few cases with solicitors and barristers personally involved and in every single one none of them represented themselves. These matters ranged from minor Road Traffic cases to divorces etc. If someone who has spent a large part of their life studying and practicing law doesn't represent themself then it definitely is not recommended for anyone else to do so.


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## dereko1969 (25 Jun 2008)

i can perfectly understand you not wanting to do this but if you gave some details of the straightforward case then perhaps the solicitors on board here could then tell you if it is feasible to represent yourself. 
i am currently involved in a legal case and there is no way if it does go to court that i would represent myself not when it's property involved, i wouldn't have the skills firstly and secondly i know emotionally i would find it difficult.


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## TreeTiger (25 Jun 2008)

Transition said:


> I have witnessed court proceedings before and have testified myself in work related issues.


My husband has witnessed several medical operations but still woudn't try carrying one out himself!



Transition said:


> Come on people! Why should I have to hire/pay a solicitor if I don't need one?


Well if you were a qualified solicitor you might not need one but you probably would employ one.  You obviously don't like what people are telling you here, but do you not see that they are giving honest unbiased opinions?

This [broken link removed] might give you some useful information, it's about representing yourself in Missouri courts so obviously not the same as here.  I can't overstate how strongly I believe you should not follow this course of action though.  Family court is emotive and you need a detached person looking out for you.  The judge will have a busy caseload and with the best will in the world will not be able to make allowances for the fact that you are not familiar with the environment and its rules.


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## j26 (25 Jun 2008)

Transition said:


> I have witnessed court proceedings before and have testified myself in work related issues.



Believe me, what's not said is often more important than what is.  Professionals are paid to present your argument in the best way possible, and defend your interests from attack.  That's what they do - it's an adversarial system.

All it takes is one well placed question for your opposition to present you to the judge as a vindictive person looking to extract your pound of flesh.  By the time you realise what's happened, you suddenly cotton on that the barrister has been leading you into this trap for the last 10-15 minutes, and there's no way out of it.  Then you realise that the judge is losing sympathy for you, and you begin to get flustered.  A natural consequence of this is that you become inconsistent and possibly aggressive.  Bingo - you've lost.

The other scenario is you're examining your ex and he says something that's not true.  You say "you're lying" or something similar.  The judge now sees you as an emotional person and begins to lose sympathy.  See above for the rest of what happens.

Pay for the professional to protect you from that type of scenario.


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## Transition (25 Jun 2008)

TreeTiger, what's wrong with empowerment being the reason to represent myself? It's not about revenge. I am a fair person.
Why should I pay someont to do something that I can do myself? I said it was a simple case. I have witnessed court proceedings and testified in court but I have not represented myself in court. Thus, the question 'tips for representing yourself in court? Thought I might learn something more or gain some insight into the process. 
So-crates, I hardly thing I am looking for plaudits for going it alone. Why such the angry patronising response?
Upon reflection, I should not expect solicitors to approve of someone representing themself.
Thanks for your replies but I was looking for tips not a debate about whether to represent yourself or not.
I am obviously in the wrong forum/site.


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## j26 (25 Jun 2008)

Do realise that a barrister is not allowed represent him/herself?  The reason for that is simple.  They are emotionally connected, and will not do the best job because emotion will get in the way of doing the job.  Whatever you think, the most likely way to get a good outcome is to have someone impartial (with the legal skills to spot the pitfalls) argue on your behalf.


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## TreeTiger (25 Jun 2008)

Transition said:


> I want to represent myself for empowerment reasons as ex has been very unkind & emotionally abusive to me.





Transition said:


> Feeling empowered is something to be gained, and is very valuable to me and my dignity.





Transition said:


> I am into justice, equality, dignity & respect.  Feelings of empowerment will be the bonus.



Please re-read these sections of quotes of your previous posts, these statements are all very emotional and have no place in a courtroom.



Transition said:


> TreeTiger, what's wrong with empowerment being the reason to represent myself? It's not about revenge. I am a fair person.
> Why should I pay someont to do something that I can do myself? I said it was a simple case. I have witnessed court proceedings and testified in court but I have not represented myself in court. Thus, the question 'tips for representing yourself in court? Thought I might learn something more or gain some insight into the process.



The only reason you should represent yourself is if there is nobody better than you available to do it.  In all honesty I would be very surprised if that were the case.



so-crates said:


> ... What is it you want? Plaudits for going it alone? The advice has been virtually universal. Get representation. If you believe you don't need it, then go ahead.
> 
> I'm sorry but I think you are fooling only yourself in this. Your primary reasons are idealistic rather than realistic. At the end of the day whether or not you are "into justice, equality, dignity & respect" is immaterial to the matter in hand. This is a court case playing with valuable assets not a Miss World competition.





Transition said:


> So-crates, I hardly thing I am looking for plaudits for going it alone. Why such the angry patronising response?


I thought So-crates' response to you was polite and well reasoned.  If you think that's angry and patronising, just wait until you get into a courtroom.



Transition said:


> Upon reflection, I should not expect solicitors to approve of someone representing themself.
> Thanks for your replies but I was looking for tips not a debate about whether to represent yourself or not.
> I am obviously in the wrong forum/site.


I can't speak for others but I'm not a solicitor, I have worked with solicitors in the past and recognise that a decent solicitor has a vast amount of legal information in their head that I don't.
You received tips - i.e. don't represent yourself; however, I gave you a useful link which you didn't acknowledge (I actually spent time on Google looking it up for you), you just asked me what was wrong with self-empowerment being a reason to represent yourself.  You seem to be taking peoples responses as personal attacks.  They are not.  This is one of the most helpful sites I have come across, and people give honest, insightful (and often very informed) opinions.  For your own sake I wish you would listen to them.

Just editing to add that in case you think I have some reason to believe that solicitors and barristers need the business, this is not the reason I have made the points on this thread that I have.  Two very good friends of mine have been in family court and found it a nerve-shattering experience.  For one of them I went along for support (wasn't able to go inside the courtroom obviously), and my friend's case was unarguable, her (now) ex-husband didn't even turn up, she won and still came out shaking.  This is someone who I would normally describe as being as tough as nails.  The other friend phoned me after her case, it was an interim thing, huge mess.  She luckily had good representation as, when her estranged husband perjured himself, her mind went completely blank, she couldn't believe he would do this.  But her legal guy was able to keep his head together and win the interim judgement for her.  OP, I have huge empathy for a person who has suffered at the hands of someone who should cherish them, and understand (and encourage) the need to assert oneself.  But a court of law is not the place to start.


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## so-crates (25 Jun 2008)

Transition said:


> TreeTiger, what's wrong with empowerment being the reason to represent myself? It's not about revenge. I am a fair person.
> Why should I pay someont to do something that I can do myself? I said it was a simple case. I have witnessed court proceedings and testified in court but I have not represented myself in court. Thus, the question 'tips for representing yourself in court? Thought I might learn something more or gain some insight into the process.
> So-crates, I hardly thing I am looking for plaudits for going it alone. Why such the angry patronising response?
> Upon reflection, I should not expect solicitors to approve of someone representing themself.
> ...


 
We aren't all solicitors and I doubt anyone is angry with you. Why should anyone else be? I certainly have nothing to lose by your folly. You on the other hand, do. 
I, and I suspect others, have been trying to point out, in very restrained terms (believe me, my initial reaction to your post was at least one raised eyebrow) that your reasons are not the best and you may not be doing yourself any favours. 
The simple fact of the matter is, you don't wish to hear this. You only want to hear "positive" and probably "affirming" or "empowering" responses. Well I would guess that Vanilla's response is about as positive as it is going to get. 
Best of luck empowering yourself. I hope you realise in time that the sensible way to do so is to employ a professional to do the job. Adversarial situations are hardly the best place for woolly concepts like "empowerment".


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## jazzhead (26 Jun 2008)

transition, if you do decide to represent yourself i would love to hear how you got on,


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## mathepac (26 Jun 2008)

Transition said:


> ...
> I am obviously in the wrong forum/site.


Given your request for "tips", the nature and volume of feedback you have received and your responses, I think you are absolutely correct. Your posts indicate that what you really wanted from AAMers was not "tips", but acclamation and praise for your "bravery".

This site has IME a unique mix of opinions and posters, from expert through to well-meaning lay-person, and whether you choose to recognise it or not, the consensus is identical to the first response you got, i.e. "Don't".

Instead of taking the opinions and recommendations expressed at face value, in the post I quoted from above, you have chosen to ascribe motivations to posters that I don't believe were there and can't see, and to take a negative interpretation on suggestions. All of which leads me to conclude that even if you had legal representation, your inability to listen to and act on sound advice could undermine their best efforts. 

When I initiate a court action as plaintiff it is to have a decision adjudicated in my favour. In order to try and ensure that happens on the day, I prepare myself with the best legal opinion and the best legal practitioner(s) I can.

When I am summoned to appear in court, as in your case, I prepare at least as thoroughly.

In order to appear as an expert witness on behalf of clients, I invested time money and effort in expert witness training for report preparation and for giving oral eveidence and for responding to examination and questioning by judges and "the other side".

In short its about achieving the outcome I or my client want, and, although I have reasonable experience (for a layman) of parts of the judicial system, I still find the process of preparation and appearing trying.

I would appeal to you to get the best lawyers you can, listen to them, act on their advice and allow them to present your case in court in order to secure for yourself the ruling you deserve.


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