Tag: Self-Represented Litigant
The litigation cycle.
As the litigation can be very complex or very simple is can be modelled to six stages. The stages are Case Initiation, Discovery, Settlement, Pretrial Motions, Trial, Post-Disposition.
For all case types, a trial is the single most time-intensive stage of litigation, encompassing between one-third and one-half of total litigation time in cases that progress all the way through trial. Discovery is the second most time-intensive stage, encompassing between one-fifth and one-quarter of total attorney hours. The remaining litigation stages each required less than 15 percent of total attorney time.
The settlement can happen any stage. An appeal will start as well in stage 1, Discovery may not be as deep as the original cycle.
Activities within each stage is detailed below.
Stage 1: Case initiation
Initial fact investigation; legal research; draft complaint/answer, cross-claim, counterclaim or third-party claim; motion to dismiss on procedural grounds; defenses to procedural motions; meet and confer regarding case scheduling and discovery.
Draft and file mandatory disclosures; draft/answer interrogatories; respond to requests for production of documents; identify and consult with experts; review expert reports; identify and interview non-expert witnesses; depose opponent’s witnesses; prepare for and attend opponent’s depositions; resolve electronically stored information issues; review discovery/case assessment; resolve discovery disputes.
Stage 3: Settlement
Attend mandatory ADR; settlement negotiations; settlement conferences; draft settlement agreement; draft and file motion to dismiss.
Stage 4: Pre-trial Motions/Applications
Legal research; draft motions in limine; draft motions for summary judgment; answer opponent’s motions; prepare for motion hearings; argue motions.
Stage 5: Trial
Legal research; prepare witnesses and experts; meet with co-counsel (trial team); prepare for voir dire; motion to sequester; prepare opening and closing statements; prepare for direct (and cross) examination; prepare jury instructions; propose findings of fact and conclusions of law; propose orders; conduct trial.
Stage 6: Post-Disposition
Conduct post-disposition settlement negotiations; draft motions for rehearing, JNOV, additur, remittitur, enforce judgment; any appeal activity.
This post is for informational purposes only and does not provide legal advice. Materials on this website are published by Wael Badawy and to provide visitors with free information regarding the laws and policies described. However, this website is not designed for the purpose of providing legal advice to individuals. Visitors should not rely upon information on this website as a substitute for personal legal advice. While we make every effort to provide accurate website information, laws can change and inaccuracies happen despite our best efforts. If you have an individual legal problem, you should seek legal advice from an attorney in your own province/state.
Self-Represented Litigant is a choice
Self-Represented Litigant: A person (party) who advocates on his or her own behalf before a court, rather than being represented by an attorney. These litigants are also known as pro se or pro per litigants.
Cases with Self-Represented Litigants: Legal cases in which one or more parties is self-represented.
People may be self-represented for many reasons, and for the most part do not choose to be self- represented. SRLs are often particularly vulnerable in terms of a relative lack of education, income and assets. They may be grouped into seven overlapping categories:
- People with a lack of social resources (low income, low education, low literacy, etc.).
- Low income SRLs with some social resources (people who cannot afford a lawyer but who have sufficient social resources and education to seek available services).
- SRLs living with social barriers that interfere with accessing justice (i.e. people living with challenges resulting from physical or mental differences, language and cultural barriers, people living in remote locations, etc.).
- SRLs who are unable to find a lawyer (usually people who live in small towns or remote areas).
- SRLs who were previously represented but who are no longer represented (usually in lengthy cases with no permanent resolution).
- SRLs in cases where representation is said not to be necessary (i.e. small claims, traffic court, etc.).
- SRLs who could access representation but prefer to self-represent (usually well-educated people who distrust the legal profession). SRLs in this category have been found to be a significant minority of the overall SRL population.
SRL is a choice that we all can make and we can Win!!!