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Abilities Needed To Be A Pro se Litigant*

*or abilities you will learn being a Pro se litigant!

The ability to deal with rejection


You must be able to take rejection without defining it as
failure. Always remember if two lawyers are walking out of
the courtroom, both were overpaid. Just kidding. If two
lawyers are walking out of a courtroom, one of them lost!
You must interpret rejection as a battle, not the war.
The ability to continue after being knocked down.
Sometimes you may need to take a day or two to recover.
You may need to let your rage diminish. You will need the
ability to get back up and say, "Ok, what can I do now?" or
"What didn't I do?"
The ability to view things from many different
angles.
You need the ability to think more in terms like, "That is A
view" versus "There is my view and the wrong view." "That is
A defense" versus "They don't have a defense." Being
impatient or intolerant with another's view, defense or
assertion appears as immaturity in the courtroom. Opposing
side is supposed to have a view, defense or assertion. Many
times you will deal with outrageous arguments using deceit
and/or lies that would never be used as arguments outside
the courtroom.
The ability to be precise in written and spoken
word.
"I did not have sexual relations with Monica Lowinsky." Ms.
Lowinsky's allegations involved oral sex. The definition of
sexual relations does NOT include oral sex. President Clinton
never denied Ms. Lowinsky's sexual allegation....but millions
thought he did! "There is no improper relationship." There
isn't now, but WAS there? Many of us are raised speaking
and writing without precision. We fill in the gaps with what we
believe is the intended meaning. Precision in the spoken and
written word will take time to learn.
The ability to remain dignified regardless of the
circumstances.
You will deal with all sorts of absurdities, injustices and
indignities. You will be told nonsense and lies with people
looking you straight in the eye or sounding like they are on a
truth serum. You must learn to stare absurdities, injustices
and indignities square in the face without losing your cool
while still defending yourself. Being outraged or emotional
does NOT carry the weight it may carry outside the
courtroom.
The ability to be persistent and thorough.
Many in the legal profession say the one who wins is the one
with the most stamina. Of course, that usually means the one
with the most money to spend. Persistence and
thoroughness are necessary elements to any successful
litigation.
The ability to remain in control of your emotions.
When you are litigating Pro se, it is particularly difficult to
separate your emotions during litigation. Be forewarned,
emotionalism during litigation can and most likely will be used
as an excuse to cut you off.
The ability to know and accept your wrong after
being 100% convinced you are right.
This can be a humbling and learning experience.
Sometimes, despite our convictions or our research, there
will be times we will miss or misinterpret the point and be
wrong. Thinking law and litigation is a mixture of morality,
common sense and fairness is a common source of this
experience. Morality, common sense and fairness may be
elements in the drafting of laws, but the implementation of
law may not favor morality, common sense or fairness as
these terms are generally defined.
The ability to hold your position when right when
everyone is saying you are wrong.
Remember case law is made by litigants questioning Judge's
decisions. There may be times lower court procedure and
trials become a formality in order to get the higher courts to
rule on your issues.
The ability to separate morality, common sense,
fairness and law.
Morality, common sense and fairness may be elements in the
drafting of laws, but the implementation of law may not favor
morality, common sense or fairness as these terms are
generally defined.
The ability to see Judges and Lawyers as human
beings.
Most have to have several hearings before they can see
Judges or Lawyers as human beings. Usually the behavior
from Judges and Lawyers will eliminate any pedestal you
may have placed them on.
The ability to stay on point.
Court proceedings many times are nothing more than
obstacle courses designed to get you off point. If they can get
you off point, your issues get lost. Frankly, it takes guts to
insist on remaining on point and sometimes that could mean
getting the Judge back to the point.
The ability to present your case without preaching.
So many Pro se litigants preach in their documents and
during hearings. They want to give the court a history lesson
on the great principles this country was founded on. Argue
the merits of your case with minimal preaching.
Most Important! The ability to recover from the
stress.
Litigation, many times, can damage a person like little else
can. You MUST recover and move on so you can be there to
help others. Process your rage into a recovery!

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