Articles Tagged with self-represented litigants

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Oregon Landlord-Tenant Law is a lot more complicated than people imagine. Landlords and tenants should seek current and accurate legal information and, in most cases, get professional legal advice from a licensed Oregon attorney who specializes in landlord-tenant law.

Everyone should do this BEFORE trouble strikes.

It’s a lot more expensive to fix a legal problem than it is to prevent one -just ask any landlord-tenant attorney – or any landlord or tenant who thought leases, evictions, and escrow accounts were subject to Common Sense Rules or the If it’s Online it Must Be OK “Rule” instead of the You Have to Research the Actual Law Rule. That person is now paying a lawyer lots of money to fix a problem that might have been avoided – or gnashing teeth over the Unjustness of the World. (Yes, life is sometimes unfair in your favor, but seldom when it comes to landlord-tenant law.)

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There is now (hurrah!) a print and eBook:  “Using Small Claims Court in Oregon,” by Janay Haas.

But there is still a lot of work to do if you are a party to a case filed in Oregon Small Claims Court – and want a verdict in your favor (that is, if you want to win) – and if you want to collect on the judgment:

If you are a plaintiff, a defendant, or otherwise need to appear in Oregon Small Claims Court ….

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Multnomah County Circuit Court Judge You’s column on pro se litigants in the April 2013 MBA Lawyer gives succinct and useful advice to attorneys who are facing self-represented litigants in relatively benign situations.

Talk to judges and lawyers, and maybe even PLF, if the situation gets more complicated, as it most certainly will in some instances. And take advantage of Meet the Judges opportunities or Advice from Judges CLEs, not to mention talking to experienced attorneys about opposing pro se litigants. Priceless!)

Excerpt from: “Dealing with Self-Represented Litigants How to Avoid Becoming Goliath Against David,” by Judge Youlee You, Multnomah County Circuit Court:

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Law in the News alerts us to this article at Plagiarism Today:

“Update on the Potential Copyright Small Claims Court,” February 28, 2013, by Jonathan Bailey

The author has done an excellent job summarizing the problem and proposed solutions and linking to other sources of information.

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I’m a great fan of the Inter-alia blog. One Blawg of the Day post is all you get driven into your mailbox, assuming you subscribe, and it is usually a winner. If it’s not, the delete button removes all evidence in a flash.

It’s always good to see what lawyers in other states and countries are doing. For example, there was a terrific little article from NC Law Blog, the Inter Alia’s October 22nd Blawg of the Day pick, on a mediator’s dilemma with self-represented litigants.

“Cruel to be Kind,” September 19, 2012, by Christie Foppiano, at the NC Law Blog.

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1) Idaho: “Idaho County to Hire Lawyer to Assist Pro Se Litigants,” Aug 13, 2012, by Molly McDonough. ABA Journal News.

Link to Idaho Press Tribune story: “Idaho county to hire lawyer to help ‘pro se’ cases“

2) Massachusetts: Yale Law Journal article (June 2012): “Randomized Evaluation in Legal Assistance: What Difference Does Representation (Offer and Actual Use) Make?“ by D. James Greiner and Cassandra Wolos Pattanayak

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When and how should a judge intervene when parties represent themselves in court?
Richard Zorza has published an article on the subject in the ABA Judges Journal, which you can link to from Zorza’s Access to Justice blog post:
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Oregon Small Claims Court forms (including updates) are available at the OJD Uniform Trial Court Rules (UTCR) website.
Additional Oregon Small Claims Court information is available through many or possibly all of the Oregon Circuit Court websites and at county justice courts. (Note: Not all counties have Justice Courts.)
Law libraries and public libraries may have additional information on Small Claims Court, including books, articles, websites, and a recommendation that you visit the Small Claims Court where you will be filing your case so you can see what happens in Real Life.
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Whether you are going into Small Claims Court, Circuit Court, Bankruptcy Court, or into Traffic Court, if you want to win or at least stay in control of your destiny to the extent possible:
  1. You have to listen, learn, read, get organized, keep good records, stay focused and determined, and above all else keep a healthy sense of perspective and humor.
  1. Legal research is hard and time-consuming.  But it can also be interesting, rewarding, and even fun.
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