Tatia D. Barnes, Esq.
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    • SCPA § 1404 - Witnesses to be Examined; proof required
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    • SCPA § 1505 Proceedings When Testamentary Trustee Is Also Executor or Administrator
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Tatia D. Barnes, Esq.

Serving Your Probate, Administration and Estate Planning Needs

Going Pro-Se: What to Do If the Other Side Has a Lawyer

2/2/2011

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If your claim is straightforward and you're well prepared, there's no need to back down. If you are suing someone and you have good information, there is no reason to back down just because a lawyer shows up on the other side. Likewise, if a lawyer brings suit against you in many types of smaller lawsuits, you should consider defending yourself without paying the expense of a lawyer.

But why take on a task that even with good preparation is likely to be at least somewhat stressful? In a word, money. Lawyers routinely charge $150 to $850 an hour for their time, and that includes time spent talking to you on the telephone, researching your case in the library, driving to and from court, and waiting (sometimes several hours) in the courtroom for the case to be called. It doesn't take a genius to understand that if you can do the job yourself, you can save buckets of money.

If you do decide to represent yourself in a lawsuit, here are a few tips for dealing with your opponent's lawyers.

Negotiating a Settlement Whether you are suing or being sued, keep in mind that the opposing lawyer probably has been given authority by her client to recommend an amount to settle the case. If you can demonstrate through your court papers and conversation that you know enough about the legal system to get what you deserve, the chances are good the opposing lawyer will be willing to consider  a reasonable settlement at an early stage. But if you come on like Attila the Hun, the other lawyer is likely to recommend fighting instead of settling -- which a lawyer who is getting paid by the hour may secretly like to do.

If you arrive at a verbal settlement of your case, beware the lawyer who wants you to sign an agreement that is full of indecipherable legal language. At this stage it is often worth the cost to hire a lawyer to look over the document and advise you. Especially if yours is a good-sized settlement, the fee for a short consultation should be a bargain.

Dealing With Attitude Don't be intimidated by anger or theatrics. Those who insist on putting on a show designed to scare their opponent usually succeed, whether she is another lawyer or a self-represented party.

But most lawyers will treat you politely if you do the same. If you are unlucky enough to draw an aggressive opponent, there is no reason for you to go along with it. Simply tell the lawyer you'll be glad to talk about settling the case any time, but that you are not going to sit still for overly aggressive tactics. If they continue, ask for a meeting with the judge.

Preparing and Serving Documents When you prepare any documents you will file with a court, be sure they are accurate, typewritten, and mailed to the other side well before your court date, or the opposing lawyer can cause you grief. This is where a good self-help law book containing detailed instructions is invaluable. For instance, see Represent Yourself in Court, by attorneys Paul Bergman and Sara Berman-Barrett (Nolo).

© 2010 Nolo
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TATIA D. BARNES, ESQ.
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​(212) 537-4069
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  • Home
  • Probate
  • Estate Administration
    • Estate Administration List For Clients
  • Estate Litigation
    • Surrogate Court Citations
    • Estate Discovery and Witnesses
  • Estate Planning
    • Power Of Attorney
    • Living Will - Health Care Proxy
    • Wills
    • Trusts
    • Estate Planning List For Clients
  • Planning For Elder Care Issues
  • Long Term Care Planning
  • Special Needs Planning
  • Contact
  • About
    • Blog
    • Fees
    • Philosophy
    • Disclaimer
  • Client's Rights
  • Helpful Estate Terms
  • Resources
    • New York Dead Man's Statute - CPLR 4519
    • EPTL 3-3.5 Conditions Qualifying Dispositions - Conditions against contest
    • EPTL 4-1.1 INTESTATE SUCCESSION
    • EPTL 5-1.1 A - Right of Election By Surviving Spouse
    • EPTL 5-1.2 - Disqualification as surviving spouse
    • EPTL § 5-3.1 Exemption for benefit of family
    • EPTL 7-1.12 Supplemental Needs Trusts
    • EPTL § 10-6.6 Exercise of a Power of Appointment
    • MHL 81.36 Discharge or Modification of Powers of Guardian
    • NY General Obligations Law 5-1513 Power of Attorney statutory short form
    • NY Mental Health & Hygiene Law 81.02 Power to appoint a Guardian
    • SCPA § 207. Lifetime trusts; jurisdiction and venue
    • SCPA 302 - Pleadings
    • SCPA 406 Reference to Hear and Report
    • SCPA 306 Citation
    • SCPA 407 Assignment of Counsel For Indigent Persons
    • SCPA 503 Proceedings Upon Jury Trial
    • SCPA 507 Testimony of Witnesses
    • SCPA 707 Eligibility to Receive Letters
    • SCPA 711 Suspension, modification or revocation of letters or removal for disqualification or misconduct
    • SCPA 719 In what cases letters may be suspended, modified or revoked, or a lifetime trustee removed or his powers suspended or modified, without process
    • SCPA 1301 Definition of a small estate
    • SCPA 1403- Persons to Be Served - Content of Process
    • SCPA § 1404 - Witnesses to be Examined; proof required
    • SCPA § 1501 Application Of Act To Trust
    • SCPA § 1502 Appointment Of Trustee
    • SCPA § 1505 Proceedings When Testamentary Trustee Is Also Executor or Administrator
    • SCPA 1602 - Ancillary Probate Based on Domicilary Probate
    • SCPA 1604 - Ancillary letters on foreign will
    • SCPA 1607 Ancillary Letters of Administration
    • SCPA 1609 - Petition for Ancillary Letters
    • SCPA 1811 Payment of Debts and Funeral Expenses
    • SCPA 1802 Effect of failure to present claim
    • SCPA 2003 Opening Safe Deposit Box
    • SCPA 2102 Proceedings For Relief Against A Fiduciary
    • SCPA 2204 Judicial settlement where recovery has been had in negligence action
    • SCPA 2205 Compulsory account and related relief on a court's own initiative or on petition who may petition
    • SCPA 2206 Compulsory Account and Related Relief; Proceedings Thereupon
    • SCPA 2208 Voluntary Account; who may petition
    • SCPA 2210 Voluntary Account - Process
    • SCPA 2225 - Kinship Proceedings
    • SCPA 2307 Commissions of Fiduciaries Other Than Trustees
    • Estate Tax Return - New York Tax Law 941
    • Tax Law 971-a
    • Tax Law 972
    • 26 USC § 2042
    • Unified Credit Against Estate Tax 26 USC 2010
    • 26 CFR 1.401(a)(9)-3 - Death before required beginning date
    • 26 CFR 1.401(a)(9)-4 - Determination of the designated beneficiary
    • Petition For Review of a Deficiency - Tax law 998
    • Abatement
    • Accounting Proceedings
    • Ademption
    • Administrator
    • Administration
    • Anticontest clause
    • Ancillary Proceedings
    • Article 17a Guardianship
    • Article 81 Guardianship
    • Asset
    • Attorney-in-fact
    • Beneficiaries
    • Bequest
    • Bond
    • Bypass Trust
    • Capacity
    • Citation
    • Codicil
    • Contest
    • Contingent Beneficiary
    • Dead Man's Statute
    • Debts of a Decedent
    • Decedent
    • Devise
    • Disinherit a Beneficiary
    • Disinheritance Clause
    • Distributee
    • Elective Share
    • Estate
    • Estate Litigation
    • Executor
    • Family Exemption
    • Fiduciary
    • Final income tax return
    • Gift
    • Grantor
    • Guardian
    • Heir
    • Insolvent Estates
    • Intestate
    • In terrorem clause
    • Joint Tenancy With Right of Survivorship
    • Kinship Hearing
    • Legacy
    • Life Planning
    • Legatee
    • Movant
    • Objections
    • Order to show cause
    • Person
    • Personal representative
    • Per Stirpes
    • Post-Deceased Distributee
    • Pre-Deceased Distributee
    • Priority of Paying Claims Against An Estate
    • Probate
    • Property
    • Residuary Estate
    • Small Estates And NY Surrogate's Court
    • Tenants in common
    • Termination of Decedent Lease
    • Testamentary Trust
    • Testator - Testatrix
    • Unclaimed Assets
    • What is a Will
    • Witness >
      • NAACP v New York