In Pro Per
Choose Your Words, Carefully

Uh, ur, I mean, well, what I meant to say was, or did I mean. Get it? In the legal arena, the wrong words can be a deal breaker.

Breaking the Legalese Code

Your ability to grasp the legal lingo determines the success of your lawsuit. The old adage of when in Rome, do as the Roman's do, applies to the legal system.

It has its own jargon and codes. Master them so you can effectively communicate.

Remember, almost all industries have their own jargon and codes. The building/real estate industry uses jargon and codes that outsiders feel is a foreign language.

This holds true of the court system. The worse mistake you can make is to approach it with a chip on your shoulder or a negative attitude that the system is corrupt (even if it is).

Remember, knowledge is power. The more you know, the better you will navigate the system. Begin with purchasing a legal dictionary. West and Barron's are standards in the industry.

You will also find a good source at Nolo Press, but invest in a legal dictionary. That way you have it with you at all times to whip out and reference if at court or at a deposition.

CYA Yourself

Remember, when preparing your legal documents, you are basically writing a report to the judge and you have to be accurate and you have to be able to prove everything you claim.

When preparing your lawsuit, be overly cautious about how you phrase your Statement of Facts because if it is proven that your claim was false or incorrect, you may be accused of perjury, slander, or worse, a malicious lawsuit. The penalties are severe.

Follow the example of lawyers who typically present claims of fact as opinions using the following expressions:

Clearly,

Evidently, "..is consistent with 'something/somebody' being.."

It appears that... It is reasonable to conclude that...

We/This Plaintiff assert that... Aver, claim, allege.

Example: "We aver that..." Rarely will lawyers state anything unequivocally as a fact.

Lawyers will also follow the quote with the following disclaimer, "Or words to that effect."

Dates

When using a date, hedge because you do not to get knocked out of the game because you said Sunday, when the incident happened on Monday, or, you accidentally put the wrong date in your haste to prepare and file pleadings on time.

Be leery of ever using absolutes because if you are off, or if your statement can have multiple interpretations, then you could lose credibility.

Example:

On or about 09/20/07, the Defendant ...

Quotes

Use quote marks when citing an exact statement so the judge knows you are using the oppositions exact words and not your version of what was said.

Example:

Defendant has given this court conflicting versions of his involvement in the crime.

In Defendant's Motion for Summary Judgment, page 3 Line 20, he states: "I met with the homeowner and we negotiated the sale of the home for which I paid a fair amount that the homeowner agreed to."

Yet, in Defendant's Answer to the Complaint in this lawsuit, Defendant denied any and all involvement or knowledge. On page 1 line 24 of his Answer, Defendant states: "I deny the allegations that I was present or had any involvement with the transaction involving the sale of Plaintiff's home."

Identifying Evidence

Referencing Evidence, or other important documents:

The Rules of Civil Procedure allows for penalties for people making false statements. You cannot say it's true unless you can provide the documentation and witnesses.

Once you have identified the evidence, such as a contract for sale of a home, you typically do the following:

On or about 02/19/07, the Defendant signed the Home Sales Contract, hereinafter known as contract.

Then from that point on throughout your legal document, you need only use the word contract.

Said contract.

A copy of same is attached.

Attached hereto/thereto

Enclosed herewith hereby (meaning this document) certifies that, thereby (thus) causing further harm to the Plaintiff, wherefore (in light of the above) we ask this Court...

including large blocks of text from other documents attached as exhibits is done including a small section of the item and then referencing the entire text will be found on Contract to ACME attached hereto as exhibit B will not be re-iterated here but is included by way of reference as if fully set forth.

Eliminate Harsh Rhetoric

Avoid harsh or inflammatory words such as: lie, liar, stupid, stupidity. It will backfire on you.

Keep Joe Friday from Dragnet in mind, Just the Facts, Sir.

Leave your opinion of the opposition out of it, and just stick to the facts. Never use derogatory language or you may be penalized. Even if the other sides sink to low levels, don't go there with them. The judge will notice their bad behavior, you won't need to point it out.

Some sarcasm may be acceptable such as: "But it would not be fair to say that the whole Plaintiff's 'case' consists of falsehoods alone, as it also includes absurdities. - "Plaintiff's claim that...does not make any sense." - "Thinking rationally it is impossible to understand this claim by the Defendant, as..."

Say What You Mean
Mean What You Say

Words in legal proceedings must be taken literally. If your opponent writes/says, "There is no evidence that such and such took place," then they are not denying that something took place, but rather are alleging that there is no evidence to prove such and such took place.

Listen carefully and literally. Remember when President Clinton testified as to why he perjured himself when he said, "There is no Sexual Relations with that woman."

Clinton's response was, "Well, that depends on what your definition of is, is."

Clinton had them because is means in the current moment. That one little verb changed the course of history. The prosecutors were so focused on proving that an affair had occurred, they missed Clinton's careful use of the verb denoting current tense rather than past tense.

Another example of how words that are used to mislead with actually perjuring, a bank sued John Doe claiming he had not paid the loan of $50,000. The bank also sought legal fees, court costs, etc.

The bank and its lawyer were fully aware that Doe had paid a large portion of the loan, but the bank's legal argument was,

"But he did not pay the $50,000 he borrowed."

The strategy worked.

In child support/alimony case, the defendant's lawyer told the court his client's net worth exceeded $100,000, but it would have also been true to say the client's net worth exceeded $300,000.

Lawyers use these methods for saying untruths without actually lying and perjuring themselves. So, pay attention to what is said and written and don't take things on face value.

Develop Thick Skin

Don't, take things personally. Lawyers are notorious for inflaming a court to prejudice the opposition. Avoid the trap of being reactionary and taking it personally. Just object and point out to the court it is a basis argument meant to inflame the court.

//