Introduction
Hello, and welcome toTry Your Own Case, the ultimate guide to representing yourself in court, also known as“pro se” litigation.“Pro se” is Latin for “on one’s own behalf.” In plain English, it means you’re representing yourself in a legal matter rather than being represented by an attorney.
If you’re reading this book, chances are:
1) you are representing yourself in a case;
2) you’re thinking about representing yourself in a case; or
3) you picked this up at the bookstore and realized you’ve wandered away from the romance novel section.
Either way, thanks for reading!
Who should read this book?
The late Stan Lee, founder and publisher of Marvel Comics, once said, “We don’t care if you buy our comic books for the staples.” You can buy this book for any reason you want, including to use as a paper weight. But I wrote it for anyone who wants to learn about how the civil justice system operates. Specifically, this book will be most helpful for the following:
• Anyone currently representing himself or herself in court
• Anyone considering representing himself or herself in court
• Anyone who wants to file or defend a lawsuit and has not yet found an attorney
• Anyone who wants to understand the litigation process, including law students and new lawyers
• Anyone who wants to buy a gift for any of the people described above
Why I Wrote This Book
As an undergraduate at the University of Wisconsin-Madison (Go Badgers!), I became active in student government, and went on to law school because I thought I could make a difference in people’s lives as a government lawyer. It was not until I took an Evidence class in law school that I realized I wanted to be a trial lawyer. So, after law school, I found my way to the City of Chicago Law Department, where I worked for nearly 20 years representing city employees, including Chicago police officers, in personal injury and civil rights cases. I litigated countless cases and tried dozens of jury trials in state and federal courts. I was named one of the 40 attorneys under 40 to watch by the Chicago Daily Law Bulletin. I coached a trial advocacy team, judged trial advocacy competitions, and taught trial advocacy to undergraduates and law students. I served on the faculty of the Kirkland Institute for Trial Advocacy, where I worked with young lawyers to improve their trial skills. But mostly, I tried a lot of cases and loved it.
In 2016, I went into private practice, representing individuals against the government and insurance companies. They say you can’t fight City Hall, but there’s a group of people who do it every day, and I’m honored to be among them. I’ve represented kids, moms and dads, grandparents, prisoners, police officers, teachers, and all sorts of other people. I’ve obtained millions of dollars in settlements for my clients and, just as importantly, provided a voice and guided them through the unfamiliar and sometimes hostile legal world.
I’ve been fortunate enough to have spent years representing both plaintiffs (the people who file lawsuits) and defendants (the people being sued), giving me a valuable perspective on what it takes to win a case from both sides.
But as much as I enjoy being able to help people, there are so many I can’t help. Many law offices, including my own, have to turn down clients and cases every day for a variety of reasons. As a result, thousands of people are forced to go it alone if they want to assert their rights in court. The Sixth Amendment to the United States Constitution guarantees the right to an attorney for all criminal defendants, but there is no such right for people involved in civil lawsuits.
CRIMINAL VS. CIVIL CASES
Criminal cases (prosecutions) are brought by the government against defendants for violations of criminal laws, whilecivil cases (lawsuits) are brought by private citizens, corporations, and the government for non-criminal violations. This book relates only to civil cases.
It is estimated that at least 75 percent of civil cases nationally include at least on
