Re: Representing yourself in court

[Guest guest]

I believe it was Mark Twain who once said " He who acts as his own attorney has

a fool for a client. "

Several years ago, after becoming very hypersensitive to the mold growing in

the HVAC of my workplace, I filed a worker's compensation claim. I was told by

my employer that my claim was being contested, and that I would be facing the

company safety officer at a hearing. My boss knew of my condition and the

workplace situation that caused it, and agreed to testify for me at my hearing.

What a mistake. My boss told me on the morning of the hearing that he was not

able to go. The safety officer, whom I knew well, was not there either. The

company was represented by a slick talking lawyer who skillfully described tests

which " proved " I had no basis for complaint, and ignored the tests from my

doctor which supported me. He suggested my condition was psychosomatic, related

to the stress of my work situation. (Interesting that the condition never

occured in the first 25 years of employment, but only after being assigned to a

location where several people complained of the musty odor.) Who do you think

the hearing officer believed. I managed to keep working long enough to qualify

for early retirement, but received zero compensation for the harm done to my

health. I have been retired almost 7 years and still have very annoying

respiratory problems when encountering certain mold situations.

Your opponent will undoubtedly have a lawyer. Believe me, these people are

highly skilled at arguing their case. The truth of the situation is irrelevant.

The builder's lawyer will likely be a persuasive talker. He is not seeking the

most just settlement for all involved. He is representing the builder who is

paying him.

Like you, I am a pretty smart cookie. I worked as a research chemist and was

well respected by almost all coworkers. But I was not a persuasive, convincing

speaker in the short amount of time alloted for a high pressure hearing. Being

intelligent is not enough. As some might say, the builder's lawyer will eat you

alive. You will lose, and may even have to pay his legal costs. Get a good

lawyer knowledgeable in construction defect litigation.

Gil

Representing yourself in courtPosted by: " blythecassie " blythecassie@...

blythecassieDate: Mon Jun 9, 2008 7:57 pm ((PDT)) Being that we have spent our

life savings on attorneys up to this point, what do you all think about

representing yourself in court. My case is construction defect with the builder

and not mold injury per say (yet). We are trying to recind our contract and get

our builder to return our down payment and buy back the house. If we go forward

with the lawsuit I will be representing us in court. I am a pretty smart

cookie:) If I do say so myself, I did shoot that video of them in my house cross

contaminating everything, but maybe I am a little out of my leage here.....

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[Guest guest]

Unfortunately they are ruthless, you go in thinking justice will be on

your side, but it doesn't work that way. You can't say everything you

want. They exclude so much. If you can get a lawyer do it. In one case

we had a good lawyer in a rental situation and my lawyer did a good job

and it was a four hour case-- but we lost. I don't trust any court room

any more. In this case they took my car, the place was about to be

condemned and we moved and had to get new couches, bed, etc. and then

they tried to attach our wages even though it was about to be

condemned. The landlord was going to have them come into our new

place to take our new stuff. I heard from a neighbor about that, but

the sheriff said he wasn't going to bother us anymore. The landlord

even went to our new apartment office asking if we lived there, but

the lady from the office refused to give him information. It is creepy

out there. ---

[Guest guest]

I had a friend with a similar problem---construction defects and the builder

refused to do anything.  My friend came up with a great way to resolve the

problem.  He put a huge sign in his front yard that told everyone about the

defects with his house.  The builder was furious, and within a few days, he gave

my friend all of his money.  I thought it was great---no lawyers involved and no

years spent in a corrupt legal system!!

[] Representing yourself in court

Being that we have spent our life savings on attorneys up to this

point, what do you all think about representing yourself in court.

My case is construction defect with the builder and not mold injury per

say (yet). We are trying to recind our contract and get our builder to

return our down payment and buy back the house. If we go forward with

the lawsuit I will be representing us in court.

I am a pretty smart cookie:) If I do say so myself, I did shoot that

video of them in my house cross contaminating everything, but maybe I

am a little out of my leage here.....

[Guest guest]

So, they must not have a condo association, then. Great!

I remember a few years ago when I ised to work in Silicon Valley I

used to carpool with friends sometime to get to work. I would always

see this uy who had a Sturn car with magnetic signs attached to the

sides that said " Saturn Suc*s!! " in HUGE letters!

Then he had his URL where you could read his story.. Looks like the

domain squatters have got it now..

I agree. Camping out on the CEOs lawn often is FAR more effective than

the court system in getting resolutions.

The court system is set up to frustrate justice.. clearly.

The medical system to some extent, too.

[Guest guest]

a huge sign in his front yard that told everyone about the defects

with his house.

Ummmmmmmmmm, maybe we should do the same to the sick schools we worked

in or other public buildings that disabled us.