Common Mistakes that Self-Represented LItigants make
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- Опубликовано: 1 июн 2024
- Lawyer Dan Rosman talks about some of the mistakes he sees self-represented litigants make in his practice.
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Warning: The videos on Litigation Help are intended to provide general legal information only. They are not substitutes for legal advice from a legal professional. We do not warrant the accuracy of any of the information in the videos. They are entertainment, informational videos only meant to provide some context to common legal terms or doctrines. If you require legal help, please consult a professional directly.
Dan's website: www.rosmanlaw.ca/
The Rules of Civil Procedure (Ontario):
www.ontario.ca/laws/regulatio...
Family Law Rules (Ontario):
www.ontario.ca/laws/regulatio...
Handbooks for Self-Represented Litigants from the Canadian Judicial Council. cjc-ccm.ca/en/what-we-do/init...
Court forms are found here:
ontariocourtforms.on.ca/en/
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The thing about having an attorney is sometimes they don't make your argument for you. What a lot of attorneys don't talk about is how compromised they are. Someone push the envelope because they're afraid that the judge will never rule in their if they fight for their client, when they're being told to stand down. I wish more the attorneys would talk about the and collusion btwn judges & attorneys
It would be so helpful if the court office displayed a poster that showed the SRL where these rules and procedures are located as well as where the forms are located. Thank you!
I agree! The Ontario court forms are here: ontariocourtforms.on.ca/en/
You can find Ontario Superior Court, family court and Small Claims court forms here.
*caution: it may be tricky to figure out which court you should go to, and which forms to fill out. It's best to consult with a lawyer (or paralegal if your matter is in Small claims court) to see whether you are in the right court and filling out the right forms!*
@@LitigationHelp Any poster with any resource is better than nothing. Nothing is what is currently provided based on a fear that providing resources is considered offering legal advice.
Agree. Legal system has tried to hide things from pro se. People are forced to pro se when lawyers are lazy! And greedy. Nothing else. Bye bye lawyers! AI is here. Move on!
Title 16 USC sec 1025.0 has step by step guidance for the process
Because no one that works for the government can give you any kind of advice or assistance to help you with your case filing or any of the documents you have to file
I was a self-represented litigant in 2009 and again in 2016. I've noticed that the Judge involved in my latter case was more tolerant of my mistakes and brushed it off as confusion by a self-represented litigant. I'm wondering if Judges recieved a memo asking them to do that sort of thing
Judges and the clerks tend to “correct you as you go along” as a Pro Se litigant IF IF the Judge sees that your filings are on time and you’re doing exactly what they ask you to do.
This lawyer’s advice on a particular color in the brief must be applicable to a specific court rules of procedure. He also is pushing “us lawyers” meaning you need a lawyer when you DONT!!
Thank you for this helpful information.
Glad it was helpful!
At the time of making this video the courts were undergoing a change in the way trial was heard because of the restrictions imposed by COVID. For a very short time, there were no cases being heard at all, foreseeing the problems that the mounting backlog was going to create, the courts came up with the practice of trial by Zoom. Documents began to be filed via email in pdf format. The emphasis began to fall by the wayside. There was a time, when all documents were on 8.5x14 inch sheet known as legal format. That disappeared a long time ago.All of the legal documents served on my by LAWYERS dont meet the criteria laid out by the rules. I agree that decorum is important, and documents should not be reduced to hand scribbled notes by any means, but certain things are becoming problematic in the age of electronically transmitted documents. A blue backsheet may not scan so readily as a white sheet, and depending on the equipment that you are using, it may not scan at all, or replicate the same colour. Is a scanner really going to accurately duplicate beige? No. The basis for this lawyers argument is understandable, but out of pace with technology.
Further, it has been my experience that lawyers, generally speaking, play it far too safe.Because they have their carreers to think about, they dare not go out on a limb, even when that limb is very safe. They tend not to argue things of which they have no understanding about even when their client is a proven expert on the subject. Ive had my fair share of experience with lawyers, and I have to say that I wouldnt want to do what they do, I would not pursuing a malicious prosecution acation as a self representing litigant if the attorney that I had for criminal defense hadve gone out on that limb and presented evidence in his possession, simply because he didnt understand it. I couldve explained to him and the court
This must be for Canada
What solutions would you pit forth for Pro Se? You made a lot of comments of what is wrong, what is the solution?
Where are the rules of civil procedure for other provinces - like Saskatchewan? Thanks!
Unfortunately, there is no one place where all the rules are listed.For your example, I did a very quick Google search, and found this page for Saskatchewan: sasklawcourts.ca/index.php/home/court-of-queen-s-bench/rules-and-practice-directives
BUT!! Please note though that this may NOT be the one and only correct answer. This is because depending on the subject matter, the litigation in Saskatchewan may need to be heard in a tribunal, or perhaps even in a Federal Court. It's always recommended when beginning a lawsuit, to consult with a lawyer first.
I didn't know about the different colours of pages? or text? for applicant and respondent.
**** IT WOULD HELP THST THE AUDIO IS CALIBRATED TO THE VIDEO********
What dose merit mean.
Thanks for your question! In litigation, the term "merit of the case" is related to the substance of the case, as opposed to the procedures of the court process. Let's take a breach of contract case as an example. So if I am concerned about the merits of the case, I am concerned about how good my case is in this breach of contract. I would be concerned about such things like whether I still have the actual contract document, whether it is signed by both parties etc. However, often, during a lawsuit, parties can also argue about the other side not following the rules or the procedure. A case can be dismissed if the rules are not followed, before a judge even hears about the details related to the breach of contract!
Thank G*d for AI!
Go pay for a lawyer. Don't do it. Save up. Lol
You interrupt too much and cut off the educational part. Uh huh mmh huh
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