litigation r us

[nemisis4u]

hi i seem to be getting different answers for the same question by everybody iv asked .
i still dont know whats right but i know a web site that may
ie business forum uk
question.?
can one represent oneself in a legal case (ie. litigation)
if not why not
regards.
nemisis4u

[Mr_Wizard]

I'm sure there are lot's of very good reasons why some people shouldn't - but I have. I've defended myself successfully 3 times and won an out of Court settlement about two months ago on a Case I was bringing to Court.

Should add by the way I'm not a lawyer, that would be cheating:)

[nemisis4u]

hi thanks as the guy who replied to my previous thread said unequivically no you cant
where do i start such a process and should i get a paralegal
as i assume that would be essential
thanks again

[PI Guy]

you can but the real question is, should you?

[nemisis4u]

any reason why not ? as my own view is once you need a lawyer you are then really in trouble.

[PI Guy]

There is the old adage in criminal trials that describes a person who represents himself at trial: "He has a fool for a client."

Wouldn't you prefer to get the best possible expert that you can afford to do it?

[nemisis4u]

hi
how will you ever know that who represents you is on the ball.
for all you know he could be on serious medication and half out of it.and asnt won a case in decades
also he could have is own personal problems drink money woman etc.
its funny in normal life if you get it wrong you could be sacked.
in the legal world you dont get sacked you get another client
i mean you dont have to be albert einstein to realize that there is no come back on accountablity for lawyers even when thay give wrong advice. how many case go to court that shouldent due to in correct legal advice? where there is a will. theres a lawyer.cheers good fun

[Stonelaughter]

What sort of litigation is it? If it's small claims track (i.e. a financial claim less than £5000) or fast track (?up to £10000 I think?) then those Courts are DESIGNED for the sole litigant without representation; although a Solicitor would come in VERY handy on Fast Track cases for advice and assistance in preparing your case. If it's bigger than either of those, i.e. Multi-Track, Mercantile Court, High Court etc, you need a solicitor. If the case is criminal, you need a solicitor.

The last two are simply because neither scenario have forgiving Courts willing to allow a bit of latitude to either side; and the Law relied upon in either case will be harshly scrutinised by the opposing litigant and the Judge alike. If you're not a solicitor you won't have the legal knowledge, experience and backup to be able to defend/prosecute your case effectively.

[Dawg]

Just Google "representing yourself in court (http://www.google.co.uk/search?hl=en&client=firefox-a&rls=org.mozilla%3Aen-GB%3Aofficial&hs=L4Z&q=representing+yourself+in+court&btnG=Search&meta=cr%3DcountryUK%7CcountryGB)".
There is a load of info., most of it starting from the standpoint that it is a foolish, if sometimes necessary, thing to do.


(Interesting forum name: is the misspelling deliberate? If you are the one who is going to represent himself attention to detail is of great importance: misspelt words and sloppy thinking and delivery will have lawyers on the other side tearing you apart: that's their training and job. Beware.)

[Stonelaughter]

hi
how will you ever know that who represents you is on the ball.
for all you know he could be on serious medication and half out of it.and asnt won a case in decades
also he could have is own personal problems drink money woman etc.
its funny in normal life if you get it wrong you could be sacked.
in the legal world you dont get sacked you get another client
i mean you dont have to be albert einstein to realize that there is no come back on accountablity for lawyers even when thay give wrong advice. how many case go to court that shouldent due to in correct legal advice? where there is a will. theres a lawyer.cheers good fun

If you have a legitimate complaint about a solicitor for poor advice, poor legal knowledge or poor financial management then you can approach first the senior Partners in the Law Firm employing the solicitor you're complaining about, and then the Law Society if the Senior Partners don't respond to your satisfaction; if your complaint is upheld then they take no prisoners and neither do the firm employing the solicitor you complained about. There IS a protection system in place but to be honest in my experience poor solicitors/poor Law firms are very few and far between and for the most part you can rely upon them.

[nemisis4u]

hi stonelaughter
thanks for your reply
the cliam will be unfair predjudiced against myself by the other director/ shareholders
the company as been refusing to hold any egm iv requested in the last few years ie regarding loans to directors from directors(which thay deny but is recorded in the accounts.strange but true
iv requested an independent audit and have been informed that the company accountants will undertake this.which surly is illegal
and im in contect with companys house on a on going basis keeping them informed of this upcoming independent audit
the only sticking point i see is the value of my share to be agreed on by both parties
also i may be wrong but this case might not be welcome them inland revenue etc
your comment appreiciated
regards

[nemisis4u]

hi nice one
thanks for the web site
i think your oppinion on the abillity of lawyers is higher than mine
sorry about the spelling im dislexit
cheers