Ten Commandments, Pro Se

Sun 2.21.21

      I should be keeping you abreast of how my suits are progressing, but alas there’s not much progress.  I won and I lost the federal case.  How is that possible?  I fumbled the removal action so it was sent back to housing court but, . . . with a serious caveat.  Federal court judge, no slouch is he, having been appointed to the FISA Court by Justice Roberts, read everything I sent over, my federal court petition and also a motion to combine the eviction case with my case against landlord’s agent.  Judge Singal, that’s his name, ruled that my argument was cogent and he would most certainly rule in my favor if it wasn’t for the remand situation.

      I could probably have re-applied to the federal court now knowing the mistake I made in the original removal, but I don’t want to make a career of this.  The case has now been back in housing court for over a month while I wait for that judge’s decision.  Opposing attorney this week sent a snarly worded motion seeking a response in which he rakes the judge through the coals, and lobs a few whoppers my way.  He’s incensed at having to deal with a pro se opponent.  That’s always good, incensed people are never at their best; the ego gets in the way.

      What about my own case about placing a gazebo and garden in the yard?  When I was first served with the eviction case, I would every day drag myself over to the mailbox, ever fearful I would find a notice from Judge Kelly calling me back to my case.  The thought of handling two cases simultaneously was daunting.  But it never happened.  The case has been on the dock since July of 2019.  I’m beginning to think that there’s a plan here.  Why waste energy and the court’s time if the Plaintiff’s going to be evicted shortly?  In the meantime let me offer you my ten commandments for pro se litigants:

TEN COMMANDMENTS, Pro Se

Rule I



SHOULD ONE DECIDE TO BECOME A PRO SE LITIGANT, one should not expect it to be a walk in the park. The Law needs due respect. There is a process of forms to be filed, by specified dates, return request notices mailed, opposing motions to respond to. It cannot be emphasized enough: litigant must save every scrap of paper involved with the case. A filing system should be set up to keep oneself organized.  


Rule II



IN FIRST ENCOUNTER with opposing counsel one is meeting the adversary, the enemy.  The potent first meeting is a model of the relationship that will unfold between litigant and opposing attorney.  Be alert, and take mental notes.  Opposing counselor will accede to his client's wishes, no matter how wrong-headed, unethical they are. What's more, he may be playing his own game milking the naive client. 


Rule III



NEVER THREATEN: Threats are often not respected, nor acted upon by opponent.  They give away information about possible further actions, and if not followed through, for whatever reason, they create disrespect for oneself and one’s word.  Better to act and gain the surprise offensive.


Rule IV



ONE CANNOT AVOID BATTLE, only postpone it to the opponent’s advantage. 


Rule V



BATTLE IS OF MYTHIC CONSEQUENCE, EXAGGERATED, IDEALIZED AND SPIRITUAL: It is a ritual performed for a noble or just cause, otherwise its loss becomes the most bitter of sorrows and can never be resolved.  As in all rituals, preparation, initial actions, follow through are imbued with solemnity.  It must be an act of sorcery


Rule VI



WORDS ARE WEAPONS, and in every explanation is a hidden apology. 


Rule VII



THE LAW IS ABOUT PAPER. It digests tons each day and wants still more. As a pro se litigant with no courtroom credentials, a lot of the legitimate points you bring up will not be considered, or respected, precisely because one is pro se. One needs to be twice as good, and twice as vigilant as opposing counsel to even get a perfunctory hearing from the judge. Put it down on paper! Get it subpoenaed, stamped, verified; do the work, gather the evidence. Check out other people's briefs, motions and learn how it's done.


Rule VIII



WHAT WILL WINNING THE BATTLE ACCOMPLISH?  One can achieve goals without winning the case. The first hearing will not be the last if one intends to attain goals.  Regard it as a chess game with its many moves of pawns, knights, bishops, rooks and mighty queen, with their specific skills at one’s command. Focus on the goal, not on winning.


Rule IX



RESPECT THE LAW, AND ITS JUSTICE SYSTEM. Respect the Judge, even when he/she rules against you, especially if the ruling is correct.  Respect yourself, your knowledge, beliefs, your quest, dress appropriately for court and conduct yourself in a dignified manner.  Don’t play the victim or the righteous avenger – that’s the judge’s decision to make. 


Rule X



LASTLY, the opponent must understand what rules were broken.  Victor’s justice has to be understood as fair, proportional.

 The favorite essay this past month has been It All Started