Wednesday, November 01, 2006

How Not to Win Cases and Influence Judges

When people proceed pro se in our legal system - that is, without a lawyer - they're held to the same rules and procedures that attorneys must follow. Most people don't know that. Even if they do know that, they aren't really clear how to meet those standards. Here's a good example, the Wisconsin appeals court case of Kolve v. Cook. The parties had a rental property dispute, which was resolved in the court below in Cook's favor. On appeal, proceeding pro se, Kolve failed to follow the Wisconsin appellate rules and therefore lost his case. How bad was it? Consider footnote 4 from the court's opinion:

For example, Cook states, 'Mr. Kolve stated that I, Mr. Cook broke a window and the bench for his picnic table – not cool!' 'Not cool' is not a legal argument.
I'd like to think that even in my weakest briefs - the ones that are so bad they stink of death as they leave the office - rise above that level. Of course, I'm a profession. Remember kids - don't try this at home.

5 comments:

Anonymous said...

I can only hope he addressed the Judge as "your dudeship."

Anonymous said...

Good one holywriter! That was a knee smacker!

KULA said...

Our legal system never fails to amaze me!

Anonymous said...

That's a little better than "I know you are, but what am I?"

JD Byrne said...

Not by much, AD. Not by much. It is better than "'cause we're the Government and we say so," however.