Articles Posted in Legal Self-help Community

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I too have a successful pro se litigant (in my public law library) who had these: “favorable facts, obsessive organization, and fearlessness.” As you’ll see from this Wall Street Journal article, it also takes a judge who is willing and able to see (and speak) when the emperor has no clothes. And in some cases with pro se litigants, it doesn’t hurt to have lawyers on the other side who rely more on muscle and tricks rather than on law. And of course, a little luck doesn’t hurt, either.

Nurse Outduels IRS Over M.B.A. Tuition: How One Woman Went to Tax Court and Won Deduction, by Laura Saunders, Wall Street Journal, Monday, January 11, 2010:

Excerpt: “A Maryland nurse accomplished two rare feats in her battle with the Internal Revenue Service: She defended herself against the agency’s lawyers and won, and she got a ruling that could help tens of thousands of students deduct the cost of an M.B.A. degree on their taxes….
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Few taxpayers decide to go toe to toe with the IRS as Ms. Singleton-Clarke did, arguing her case without a lawyer. For good reason: In 2009, individuals won only about 10% of about 300 such cases, according to data from Tax Analysts. Ms. Singleton-Clarke fought her case in Tax Court, a venue where taxpayers don’t have to pay the contested tax before going to trial. The court has a special procedure for small cases….
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Ms. Singleton-Clarke’s encounter with the tax system shows what it can take for one individual to prevail over the IRS against the long odds: favorable facts, obsessive organization, and fearlessness. She says she didn’t have a lawyer because she couldn’t afford one.
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Both the IRS’s actions and her reactions are typical, says Christopher Bergin, president of Tax Analysts, a group that fights for tax-system transparency and since l972 has won a series of freedom-of-information cases against the IRS. “Without doing anything illegal, they muscled her. That’s what they do. The pressure can be terrifying,” he says…. (read full article)

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See April 28, 2010, pdate to this post.

HALT is now CLEAR (new homepage), not to be confused with this CLEAR (dot com) OR THIS CLEAR (scientology) or any of these CLEARs.

Center for Legal Empowerment, Accountability & Reform (CLEAR), formerly known as Help Abolish Legal Tyranny (HALT)

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This story might describe a single California county law library, but its description fits county law libraries all over the country:

Hidden gem provides legal knowledge, The Bakersfield Californian, Nov 22, 2009

“Do you have a legal matter you would like to take care of but feel you can’t afford an attorney? Or maybe you would just like to take care of it yourself but don’t know how to get started? Well, you might be interested to know that there is help available, and it costs nothing….” (read full article)

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I had just posted about free legal information on legal publisher websites when this hit the fan. Actually, it hit the fan yesterday, but the wind will keep blowing for a while.

It’s too soon to tell where Google’s offerings will fit into the vast world of legal research information and databases … nothing but good times ahead:

Here are a handful of blog posts that fellow law librarians compiled on the subject (thank you!):

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While looking at some social security practice materials at the James Publishing website I was reminded how many print and online legal publishers offer free legal information at their websites. These can be forms, blogs, musings on the law, case and legal topic analysis, and much more.

There aren’t as many independent legal publishers as there were 15 years ago before all the consolidation (and title divestment), but there are still quite a few:

A list of most legal publishers can be found at the AALL Legal Publishers List.

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Take a look at the Lane County Law Library Index to Legal Research Guides. It’s excellent and will just get better and better. They link to useful legal research guides from Northwest law libraries:

· Adoption
· Oregon Administrative Rules
· Bankruptcy
· Obtaining Birth Certificates
· Border Crossing Guide
· How to Find Oregon Appellate Court Briefs
· Consumer Information/Protection
· Criminal Law and Procedure in Oregon
· Debt Collection–Creditor’s Rights
· Foreclosure, Repossession and Liens
· Oregon Forms
· Landlord/Tenant
· How To Find A Lawyer In Oregon
· Oregon Legal Ethics
· Researching Oregon Legislative History
· Oregon Legislative Records
· Medical Malpractice Issues: Research Sources
· Name Changes in Oregon
· Using the Oregon Revised Statutes
· Finding Public Records in Oregon
· Small Claims Court and Procedures
· Traffic Violations

And, if you’re a Northwest law librarian with a legal research guide not included in this list, let the Lane County Law Librarian know!

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Can a self-represented (pro se) litigant claim “attorneys fees?”

For a discussion of the meaning of attorneys fees in the context of a pro se litigant’s public records lawsuit, I recommend you read the recently decided (June 17) Colby v. Gunson (A133979) (2009).

Excerpt: “Plaintiff argues that he is entitled to attorney fees and costs under ORS 192.490(3) because he is a “person seeking the right to inspect” public records, and he prevailed in the appeal. Defendant contends that the statutory reference to “attorney fees” includes only fees that are charged to a client under a contractual commitment between an attorney and client and not the value of the time invested in the case by a self-represented client. Our determination of the intended meaning of the term “attorney fees” in ORS 192.490(3) is governed by the method described in PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12, 859 P2d 1143 (1993), as recently modified by State v. Gaines, 346 Or 160, 171-72, ___ P3d ___ (2009) (examination of the text and context of the statute, and legislative history of the enactment when that history appears useful to the court’s analysis)….
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ORS 192.409(3) does not require that the attorney fees be “incurred.” The statutory construction issue in this case, then, is whether the bare term “attorney fees” implies that same contractual dynamic–a charge by an attorney that a separate entity is obligated to pay. We determine the legislative intent in the use of particular statutory wording by giving words their plain, natural, and ordinary meaning. Haynes v. Tri-County Metro., 337 Or 659, 663, 103 P3d 101 (2004). In common parlance, “attorney fee” connotes a charge for an attorney’s professional services. Webster’s Third New Int’l Dictionary 833 (unabridged ed 2002) defines “fee” to include “compensation often in the form of a fixed charge for professional service or for special and requested exercise of talent or of skill (as by an artist) (a doctor’s ~) (a lawyer’s retainer ~).” Similarly, Black’s Law Dictionary 139 (8th ed 2004) defines “attorney fee” as “[t]he charge to a client for services performed for the client, such as an hourly fee, a flat fee, or a contingent fee.” A “charge,” in turn, arises in a transaction between two persons. Webster’s defines “charge” to mean:…” (read full case!)

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Legal Aid Services of Oregon, among others, has created Oregon Forms Help:

“This website is designed to help Oregon residents who wish to represent themselves in an uncontested divorce. Here you will find step-by-step instructions for filling out the Optional Statewide Family Law Forms prepared by the State of Oregon Judicial Branch. You will also be given step-by-step instructions for processing the forms and performing the other necessary tasks required by the court.

This website is presented by Legal Aid Services of Oregon, in collaboration with Oregon’s legal aid programs.” Oregon Forms Help.

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This is Race for Justice weekend (Saturday, June 20, 2009), to raise money for the St. Andrew Legal Clinic (SALC), which serves low-income Oregonians in family law matters.

The Race for Justice really is a challenge! It’s a battle of Oregon law firms:

1) Bronze Sneaker Traveling Trophy!
2) Prevailing Parties!
3) The Markowitz Challenge: Bragging rights are on the line!
4) The Coulter Cup Family Law Challenge!
And more!

“Making a Difference: SALC helps bridge the gap for families who do not qualify for Legal Aid and can not afford to hire a private attorney. As a result of the legal representation that SALC provides, families have increased financial security, stay off of welfare and are overall more productive members of our society. And more children also grow up in positive and safe environments as a result of SALC’s intervention.

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WisLaw blog reports on BillFinder, a free service from StateScape. Whether you’re reading, drafting, tracking, or merely surfing new legislation, it’s a powerful little tool, for no cost. Amazing.

Try it out: BillFinder

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