I would like to research about pro se litigation.

Business 9 views 6 answers
I would like to know if there is a book list of good books for florida pro se parties in the area of probate law and probate trial and appeals. I have found some for family, business and criminal law areas. But not probate. I have NOLO already. May an attorney be a legal coach?

Attorney Answers

6
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
There is no real resources to help pro-se litigants deal with litigation at a DIY level any more than there are books on how to do your own root canal. Legal coaches don't exist any more than pluming coaches or engine repair coaches exist. You pay the same rate whether you do the work or they watch,so its usually more efficient to have them do it. Our 5 Hour Law School, you can google it, can offer some solid general frame work for general civil litigation that will help, but if the litigation gets complex or emotional, its simply best to retain a lawyer familiar with that type of case.
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Kevin Riechelson ·
This isn't Lawyering for Dummies. Pro Se litigants are not taken seriously and often run into procedural issues and face having their cases dismissed.
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Sevag Simonian ·
You can find multiple books regarding probate law, however, these books are not substitutes for an attorney. The books do not generally provide practical advise and DIY tips. They generally go over the substantive law. It is the procedural hurdles that generally always trip up pro se litigants.
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John Mulvihill ·
I would recommend that you speak with an attorney to help you out with your legal issues. You could reach out to the Tampa office of Gulfcoast Legal Services, they are a not for profit group that provides legal help to income eligible individuals. Another option is the self help desk at the Hillsborough County Clerk of Court.
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Justin Crozier ·
In most states there are rules that an attorney that you have retained has to make sure that they do a good enough job to take care of things. That means if you hired a lawyer to "coach" you that they might be opening themselves up to a malpractice claim if you decided to file one when/if you lose. I wouldn't do it, because I don't want to risk putting myself out there like that. I would expect that most attorneys would feel the same way. There are probably some other factors that would make an attorney VERY uncomfortable with this. If you want to learn to be a lawyer, go to law school. If you want an attorney to help you litigate, then hire an attorney. If you want to litigate on your own without an attorney, then do it on your own without an attorney. Good luck.
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Nicolas Benharvey ·
All of my colleagues raise good points. Here are few more to consider: 1. If you are seeking to open probate and be appointed personal representative of an estate, you cannot do so pro se unless you (as PR) are the only interested person. This means that you have to have an attorney to serve as PR if there are any creditors or other beneficiaries. 2. Probate litigation is not something you should do pro se. Most probate litigation cases involve complicated issues of the competency of the testator and/or very fact-intensive analysis of the relationship of the testator to the beneficiaries, particularly the involvement of the beneficiaries in the testator's estate planning. I have litigated these types of cases and they involve hiring medical experts like forensic psychiatrists and interviewing or deposing numerous witnesses. They are difficult cases to win because the courts give great deference to the last written wishes of a testator. 3. An attorney serving as a "legal coach" is too risky for the client and the attorney. Even if you told the attorney all of the relevant facts (which would be virtually impossible) and the attorney apprised you of all relevant areas of law, as soon as you step into a court room or a deposition, things will pop up that cannot have been anticipated. For example, you may try to introduce a document and get an objection from the other side. If you do not have an attorney by your side, will you know how to deal with every objection (there are literally dozens that can be made)?
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