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Represent Yourself in Court: How to Prepare and Try a Winning Case [Paperback]

Paul Bergman (Author), Sara J. Berman-Barrett (Author)
4.4 out of 5 stars  See all reviews (13 customer reviews)


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Book Description

February 2003 Represent Yourself in Court
You don't have to pay a lawyer upwards of $200 an hour to represent you in a civil lawsuit!

Written in plain English, Represent Yourself in Court breaks down the trial process into easy-to-understand steps so that you can act as your own lawyer -- safely and efficiently. Veteran attorneys Bergman and Berman-Barrett tell you what to say, how to say it, even where to stand when you address the judge and jury.

Armed with the simple but thorough instructions in Represent Yourself in Court, you can be heard and taken seriously in any courtroom. And better yet, you'll be well prepared to achieve good results, without having to pay a lawyer's ransom.

Learn how to:
*file court papers
*handle depositions and interrogatories
*comply with courtroom procedures
*pick a jury
*prepare your evidence and line up witnesses
*present your opening statement and closing argument
*cross-examine hostile witnesses
*understand and apply rules of evidence
*locate, hire and effectively use expert witnesses
*make and respond to your opponent's objections
*get limited help from an attorney on an as-needed basis
*monitor the work of an attorney if you decide to hire one

Whether you are a plaintiff or a defendant, this book will help you confidently handle a divorce, personal injury case, landlord/tenant dispute, breach of contract, small business dispute or any other civil lawsuit.

The latest edition provides extensive information on summary judgments.


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Editorial Reviews

From Library Journal

The nuts and bolts of self-representation in court are presented in this detailed, sensible book. The authors describe the legal process from the investigation of the case through the collection of a judgment, with an emphasis on what happens in the courtroom. Bergman and Berman-Barrett share the procedures and methods a lay person needs to survive in an environment that is not necessarily friendly to nonattorneys. Understanding that in the law the devil is in the details, they take pains to avoid oversimplification, and they do an equally good job of illuminating concepts like burden of proof and procedures like marking and identifying exhibits. The authors highlight important information with icons that alert the reader to a practical suggestion, warn of a potential problem, or refer to other resources on the subject. Highly recommended for even modest legal self-help collections, including those that already own Robert Schachner's How and When To Be Your Own Lawyer (LJ 3/1/ 93).
Joan Pedzich, Harris, Beach & Wilcox, Rochester, N.Y.
Copyright 1994 Reed Business Information, Inc. --This text refers to an out of print or unavailable edition of this title.

Review

Highly recommended for even modest legal self-help collections. -- Library Journal

Product Details

  • Paperback: 384 pages
  • Publisher: NOLO; 4th Updated edition (February 2003)
  • Language: English
  • ISBN-10: 087337908X
  • ISBN-13: 978-0873379083
  • Product Dimensions: 10 x 8.1 x 1.1 inches
  • Shipping Weight: 2.4 pounds
  • Average Customer Review: 4.4 out of 5 stars  See all reviews (13 customer reviews)
  • Amazon Best Sellers Rank: #803,740 in Books (See Top 100 in Books)

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Customer Reviews

13 Reviews
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4 star:
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3 star:
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Average Customer Review
4.4 out of 5 stars (13 customer reviews)
 
 
 
 
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Most Helpful Customer Reviews

29 of 30 people found the following review helpful:
4.0 out of 5 stars A Good, but necessarily limited, intro to the legal system, June 1, 2003
By 
Scott FS (Sacramento, CA United States) - See all my reviews
(VINE VOICE)   
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Overall, I'd give this a positive rating, but since it's written for all 50 states, it is so broad in its coverage that it makes it difficult to learn about how to pursue your lawsuit in your particular state.

I'd suggest reading this book and trying to fill out forms as you go. Pick up the 'local rules' from your own court, and study them for what Bergman doesn't tell you.

One thing I will say, though, is that one bit of advice was invaluable...on visiting the court before your motion or case is heard. I did this, and it took a lot of the mystery out of the whole process.

By doing this, by the way, I was completely surprised that (in the motion hearings) that most of what took place was pretty much on a par with small claims court, with a few legal latin phrases peppering the give-and-take. Most of the motions I heard consisted of two things: Why one or the other party failed to meet deadlines, and trying to get the other guy's case thrown out before everyone went to trial.

One other thing that was also surprising...the opposing lawyers where pretty buddy-buddy with each other. I guess the hostility and animosity that one would associate with a lawsuit pretty much reside only in the parties to the suit themselves.

In my appearance, I took it very cool and did not act emotional at all. Let's face it...the court doesn't want to hear it. They just want to get done so they can go to lunch.

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14 of 15 people found the following review helpful:
5.0 out of 5 stars Represent Yourself in Court, January 25, 2003
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This book gives an understandable rendition of the various legal
procedures involved in bringing a major lawsuit into the Court
system. It is most helpful in assisting litigants with case
organization and presentation. The work explains how to document
a case throughout the various phases of a lawsuit with particular
emphasis on presentation of exhibits for trial. The work is
written in a belles lettres style. It could be read by anyone
wanting to understand the litigation process, as well as
law students taking courses in Civil Litigation. The book could
be useful in organizing a case so that a lawyer could pick it
up at a later time. Very often, the details of a claim may not
be fully known until the deposition process has been completed.
I would supplement this book with the purchase of a Civil
Procedure book if the intention is to complete the entire process
right through to trial. This work focuses on the documentation
you will need to develop in order to prove a case at trial.
The work has a good coverage of negotiation strategies.
Ultimately, it is in your interest to deal with a lawyer during
a formal negotiation in order to ascertain that you've secured
a fair deal.It pays to become familiar with a local legal
library as a supplement to this text. In addition, you should
utilize the internet in order to review similar cases
in the various Court jurisdictions relating to your case.
Sometimes it pays to talk to a lawyer who has completed a similar
case in order to gain perspective on the intricacies of the
whole process. This text gives you a good start.
It would be most helpful in organizing the type of case
that only develops after the deposition process is complete.
Early in the litigation, you should do some research in order
to identify cases similar to yours that have been decided.
The past precedent or stare decisis is very critical to
presenting a claim because it encapsules your case into
a similar fact pattern consistent with other cases that have
been decided by the Courts.It is to your benefit to do legal
research in identifying similar cases to your own either by
going into the legal libraries yourself, researching the
internet or paying a small fee for a legal research firm
to identify similar cases as the one you are filing.
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19 of 22 people found the following review helpful:
3.0 out of 5 stars Great summary, but no detail., April 10, 1999
By 
dorkparade@earthlink.net (Los Angeles, California) - See all my reviews
This book offers a good summary of the legal process, but offers little or no detail, eg. the strategies of settlement. Focusing on Federal law, it has no state-specific information (although it does indicate where you can find it in some cases). If you're looking for an overview of the process, this is the book for you. But if you have any experience whatsoever, or you're looking to get information on settlement strategy, you're better off using a law library's practice guides and legal treatises.
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Inside This Book (learn more)
First Sentence:
This book provides the information you need to prepare for trial and represent yourself in court. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
pro per litigant, legal coach, joint pretrial memorandum, improper character evidence, closing argument outline, foundational testimony, check your local rules, trial notebook, reaffirmation hearings, foundational evidence, jury trial request, exhibit into evidence, cannot offer evidence, improper opinion, most court systems, direct examination testimony, exhibits into evidence, legal malpractice case, improper testimony, background questioning, responsive papers, local court rules, bankruptcy code section, tentative ruling, missed inspection
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Sarah Adams, Nolo Pedestrian, Rule of Civ, Transcript Analysis, Rule of Evid, United States, New York, Credit Company, Zip Code, Cynthia White, Index Tab, Plaintiff Nolo, Pretrial Memorandum, Crazy Cars, Federal Rules of Evidence, Fred Nolo, Procedural Note, Matthew Bender, Pretrial Order, Plaintiff's Motion, Defendant Adams, Texas Civ, Austin Tayshuss, Fact Plaintiff, Officer Krupke
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