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Quoted: You must be that rare exception. My experience with pro se individuals is pure idiocy. Criminal and civil. Oddly enough, I, too, have never lost in a pro se matter (me being the attorney). View Quote If a person can research and write, they can defend themselves. It also helps to be a good analyst. That being said, I have read plenty of pleadings drafted by lawyers that are poorly written, in addition to being poorly reasoned. I helped a guy in navigate his way through domestic court. He ended up getting custody of his daughter. I would be surprised if the guy had an IQ of 100. He also was a high school dropout and could not write very well. |
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Hurt Locker was a terrible movie. Would not hire View Quote View All Quotes View All Quotes |
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According to a book of faces post, he's being sued for using the company credit card for personal things. "As many of you now know Spikes Tactical is suing me claiming that I fraudulently used the company credit card for personal expenses. An hour ago every contact in my email was spammed with a copy of the complaint. This is consistent with their behavior. When they got sued? They sent me to make peace with the plaintiff. I did every time. My friends have been trying to get Angela Register and Mike Register to make peace. This anonymous email from “saltwaterfisherman” is how they roll and I expect more threats and attempts to ruin my life. A friend of mine attempted to pay them what they wanted from me. Spikes reps told him “this is personal we want to see him, his wife and son living under a bridge” They damages they seek would bankrupt my family. I am not guilty. I am ashamed of their behavior and always thought more of them. Their lawyer said in a letter to me that he looks forward to deposing my wife, the intent being destroying my sons family. I cannot speak about the case of the lies and half truths they will put forward. So please don’t ask. Spikes has amassed a fortune and have dedicated unlimited funds to destroy me. Court cases like this are wars of financial attrition. There is no “winning” against an attack in court from a dedicated millionaire. God does not ask us to forgive, he commands us." Spike's Tactical response "The statement from Ben “Mookie” Thomas is full of misinformation. We plan to settle our legal issues with him in court not on the internet." - Spike’s Tactical View Quote |
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Quoted: Attorney's have a vested interest in putting down pro se litigants. The fact is that the legal profession is largely a billable hours game. Maybe not you, but most of the lawyers I dealt with really only care about the money. That is why they generally have a bad reputation. Bankruptcy lawyers that take the lion share of assets in fees, while creditors and investors get little or nothing. Prosecutors that withhold evidence to get convictions. PI lawyers, well nothing more needs to be said. If a person can research and write, they can defend themselves. It also helps to be a good analyst. That being said, I have read plenty of pleadings drafted by lawyers that are poorly written, in addition to being poorly reasoned. I helped a guy in navigate his way through domestic court. He ended up getting custody of his daughter. I would be surprised if the guy had an IQ of 100. He also was a high school dropout and could not write very well. View Quote 1. I was the one who originally stated that it is extremely dangerous for someone to represent themself in an emotionally charged and highly personal case. You immediately accused me of being attorney. Your assumption was incorrect. 2. You say attorneys have a vested interest in disparaging pro se litigants. Actually, attorneys have a love/hate relationship with pro se litigants. They love how much it increases their chance of victory, but they don't love the hassle that pro se litigants create as they frequently slow down dockets, require in court hand-holding, reject normal plea/settlement offers, and churn out ridiculous arguments that they still have to provide a response to. 3. Pro se litigant success rate is highly variable. They rarely win in Federal Court. You can research it if you don't believe me. The success rate there is extremely low. Pro se litigants have a better success rate in family law matters like divorce, child custody, etc. On the other hand, pro se litigants in civil cases do not have successful outcomes very often. Here are some statistics to back up what I'm talking about: Pro se litigants had a 10% success rate in immigration court cases compared to a 40% rate for litigants represented by some type of counsel (frequently law students with supervision by one of their professors). https://www.justice.gov/sites/default/files/eoir/legacy/2005/02/01/BIAProBonoProjectEvaluation.pdf In the realm of protective orders, 83% of people with counsel were able to obtain a personal protective order. Only 32% of pro se litigants had success. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=972304 In landlord/tenant disputes, pro se tenants essentially almost never had success winning vs their landlord. http://legalaidresearch.org/pub/1684/impact-legal-counsel-outcomes-poor-tenants-new-york-citys-housing-court-randomized-experiment/ Again, your assumption that I am an attorney is incorrect. I don't have any personal animus against pro se litigants - - I'm just aware of the facts as it pertains to their success rate. I'm actually involved in a case that I'm handling pro se right now as it is an incredibly minor matter, and pro se litigants are common. But, I also know it decreases my chances of prevailing. However, the matter is so trivial it isn't worth the expense of an attorney. This case, though, isn't a trivial matter, and it involves some rather complex questions that a typical pro se litigant simply cannot be adequately be prepared to handle unless they have substantial assistance by experienced counsel. One of the main reasons that I believe acting pro se in this case is dangerous is because pro se litigants are prone to accidentally saying or doing things in their written communication or oral deposition/testimony that considerably damage their own case. They don't have an attorney to buffer their responses, claims, theories, or arguments. They may unknowingly admit or deny something that really damages their case when trying to respond to a claim made by the other side. An experienced attorney isn't emotionally invested and knows how to present favorable information without also giving help to the other side. Finally, pro se litigants frequently struggle with how to provide or submit evidence. They may have the facts on their side, but if they don't follow the proper process to get evidence admitted in the correct way they can easily lose the ability to use that evidence. They also may make mistakes in response to discovery demands from the other side or not know they could've have objected to damaging evidence the other side introduces and have it excluded. You don't have to believe me. Ask the 1200 state trial judges that responded to a 2010 survey on pro se litigants. "Self-representation is resulting in worse outcomes for litigants, according to 62 percent of the judges. The greatest problem is failure to present necessary evidence, 94 percent of all respondents said. That was followed by procedural errors, ineffective witness examination and failure to properly object to evidence." Ask yourself this: why do almost ALL attorneys that face a personal legal issue hire an attorney to represent them? They would likely tell you it is to avoid the potential pitfalls of emotion influencing their decisions, and to have someone experienced in the particular legal area that is at issue. They aren't stupid or simply want to throw money away. They know the old adage is true: A man who is his own lawyer has a fool for a client. |
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You must be an attorney. Lawyers always promote their own cause. I have acted pro se many times and am undefeated. Lawyers make bad arguments, every day. As one told me, you never know what a jury or judge may do, so don't worry about the truth, just go for it. View Quote View All Quotes View All Quotes Quoted:
Quoted: He should hire an attorney. His motion was actually quite terrible. And, I'm not taking about the numerous spelling or grammatical mistakes he made in the first few pages. It's just... not good. His change of venue argument shows a total misunderstanding of Florida law and subsequent case law as it pertains to venue. Orange County is the proper venue as that is where the plaintiff suffered their injury. That's an oversimplified view of it, but in a nutshell that's what will matter, and venue won't be changed. He also claims the complaint didn't give enough information on the unauthorized charges - - that there aren't enough specifics for him to respond. This is laughable. The complaint specified all it needed to. They don't have to prove their case in their initial complaint. I really don't know what to say about his response about the vehicle in question. He seems to he under the delusion that having the car registered in his name, titled in his name, and in his possession means he is the owner. If Spikes has evidence they actually have ownership of the vehicle then he just helped their case immensely by essentially admitting to conversion of their property. He should hire a good attorney. Pro se in a case like this where your emotions are involved is extraordinarily dangerous and quite stupid. He's trying to try the case in his motion to dismiss. That rarely ends well. |
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Attorney's have a vested interest in putting down pro se litigants. The fact is that the legal profession is largely a billable hours game. Maybe not you, but most of the lawyers I dealt with really only care about the money. That is why they generally have a bad reputation. Bankruptcy lawyers that take the lion share of assets in fees, while creditors and investors get little or nothing. Prosecutors that withhold evidence to get convictions. PI lawyers, well nothing more needs to be said. If a person can research and write, they can defend themselves. It also helps to be a good analyst. That being said, I have read plenty of pleadings drafted by lawyers that are poorly written, in addition to being poorly reasoned. I helped a guy in navigate his way through domestic court. He ended up getting custody of his daughter. I would be surprised if the guy had an IQ of 100. He also was a high school dropout and could not write very well. View Quote View All Quotes View All Quotes Quoted:
Quoted: You must be that rare exception. My experience with pro se individuals is pure idiocy. Criminal and civil. Oddly enough, I, too, have never lost in a pro se matter (me being the attorney). If a person can research and write, they can defend themselves. It also helps to be a good analyst. That being said, I have read plenty of pleadings drafted by lawyers that are poorly written, in addition to being poorly reasoned. I helped a guy in navigate his way through domestic court. He ended up getting custody of his daughter. I would be surprised if the guy had an IQ of 100. He also was a high school dropout and could not write very well. Attorneys, not attorney's. |
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Couple of things: 1. I was the one who originally stated that it is extremely dangerous for someone to represent themself in an emotionally charged and highly personal case. You immediately accused me of being attorney. Your assumption was incorrect. 2. You say attorneys have a vested interest in disparaging pro se litigants. Actually, attorneys have a love/hate relationship with pro se litigants. They love how much it increases their chance of victory, but they don't love the hassle that pro se litigants create as they frequently slow down dockets, require in court hand-holding, reject normal plea/settlement offers, and churn out ridiculous arguments that they still have to provide a response to. 3. Pro se litigant success rate is highly variable. They rarely win in Federal Court. You can research it if you don't believe me. The success rate there is extremely low. Pro se litigants have a better success rate in family law matters like divorce, child custody, etc. On the other hand, pro se litigants in civil cases do not have successful outcomes very often. Here are some statistics to back up what I'm talking about: Pro se litigants had a 10% success rate in immigration court cases compared to a 40% rate for litigants represented by some type of counsel (frequently law students with supervision by one of their professors). https://www.justice.gov/sites/default/files/eoir/legacy/2005/02/01/BIAProBonoProjectEvaluation.pdf In the realm of protective orders, 83% of people with counsel were able to obtain a personal protective order. Only 32% of pro se litigants had success. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=972304 In landlord/tenant disputes, pro se tenants essentially almost never had success winning vs their landlord. http://legalaidresearch.org/pub/1684/impact-legal-counsel-outcomes-poor-tenants-new-york-citys-housing-court-randomized-experiment/ Again, your assumption that I am an attorney is incorrect. I don't have any personal animus against pro se litigants - - I'm just aware of the facts as it pertains to their success rate. I'm actually involved in a case that I'm handling pro se right now as it is an incredibly minor matter, and pro se litigants are common. But, I also know it decreases my chances of prevailing. However, the matter is so trivial it isn't worth the expense of an attorney. This case, though, isn't a trivial matter, and it involves some rather complex questions that a typical pro se litigant simply cannot be adequately be prepared to handle unless they have substantial assistance by experienced counsel. One of the main reasons that I believe acting pro se in this case is dangerous is because pro se litigants are prone to accidentally saying or doing things in their written communication or oral deposition/testimony that considerably damage their own case. They don't have an attorney to buffer their responses, claims, theories, or arguments. They may unknowingly admit or deny something that really damages their case when trying to respond to a claim made by the other side. An experienced attorney isn't emotionally invested and knows how to present favorable information without also giving help to the other side. Finally, pro se litigants frequently struggle with how to provide or submit evidence. They may have the facts on their side, but if they don't follow the proper process to get evidence admitted in the correct way they can easily lose the ability to use that evidence. They also may make mistakes in response to discovery demands from the other side or not know they could've have objected to damaging evidence the other side introduces and have it excluded. You don't have to believe me. Ask the 1200 state trial judges that responded to a 2010 survey on pro se litigants. "Self-representation is resulting in worse outcomes for litigants, according to 62 percent of the judges. The greatest problem is failure to present necessary evidence, 94 percent of all respondents said. That was followed by procedural errors, ineffective witness examination and failure to properly object to evidence." Ask yourself this: why do almost ALL attorneys that face a personal legal issue hire an attorney to represent them? They would likely tell you it is to avoid the potential pitfalls of emotion influencing their decisions, and to have someone experienced in the particular legal area that is at issue. They aren't stupid or simply want to throw money away. They know the old adage is true: A man who is his own lawyer has a fool for a client. View Quote View All Quotes View All Quotes Quoted:
Quoted: Attorney's have a vested interest in putting down pro se litigants. The fact is that the legal profession is largely a billable hours game. Maybe not you, but most of the lawyers I dealt with really only care about the money. That is why they generally have a bad reputation. Bankruptcy lawyers that take the lion share of assets in fees, while creditors and investors get little or nothing. Prosecutors that withhold evidence to get convictions. PI lawyers, well nothing more needs to be said. If a person can research and write, they can defend themselves. It also helps to be a good analyst. That being said, I have read plenty of pleadings drafted by lawyers that are poorly written, in addition to being poorly reasoned. I helped a guy in navigate his way through domestic court. He ended up getting custody of his daughter. I would be surprised if the guy had an IQ of 100. He also was a high school dropout and could not write very well. 1. I was the one who originally stated that it is extremely dangerous for someone to represent themself in an emotionally charged and highly personal case. You immediately accused me of being attorney. Your assumption was incorrect. 2. You say attorneys have a vested interest in disparaging pro se litigants. Actually, attorneys have a love/hate relationship with pro se litigants. They love how much it increases their chance of victory, but they don't love the hassle that pro se litigants create as they frequently slow down dockets, require in court hand-holding, reject normal plea/settlement offers, and churn out ridiculous arguments that they still have to provide a response to. 3. Pro se litigant success rate is highly variable. They rarely win in Federal Court. You can research it if you don't believe me. The success rate there is extremely low. Pro se litigants have a better success rate in family law matters like divorce, child custody, etc. On the other hand, pro se litigants in civil cases do not have successful outcomes very often. Here are some statistics to back up what I'm talking about: Pro se litigants had a 10% success rate in immigration court cases compared to a 40% rate for litigants represented by some type of counsel (frequently law students with supervision by one of their professors). https://www.justice.gov/sites/default/files/eoir/legacy/2005/02/01/BIAProBonoProjectEvaluation.pdf In the realm of protective orders, 83% of people with counsel were able to obtain a personal protective order. Only 32% of pro se litigants had success. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=972304 In landlord/tenant disputes, pro se tenants essentially almost never had success winning vs their landlord. http://legalaidresearch.org/pub/1684/impact-legal-counsel-outcomes-poor-tenants-new-york-citys-housing-court-randomized-experiment/ Again, your assumption that I am an attorney is incorrect. I don't have any personal animus against pro se litigants - - I'm just aware of the facts as it pertains to their success rate. I'm actually involved in a case that I'm handling pro se right now as it is an incredibly minor matter, and pro se litigants are common. But, I also know it decreases my chances of prevailing. However, the matter is so trivial it isn't worth the expense of an attorney. This case, though, isn't a trivial matter, and it involves some rather complex questions that a typical pro se litigant simply cannot be adequately be prepared to handle unless they have substantial assistance by experienced counsel. One of the main reasons that I believe acting pro se in this case is dangerous is because pro se litigants are prone to accidentally saying or doing things in their written communication or oral deposition/testimony that considerably damage their own case. They don't have an attorney to buffer their responses, claims, theories, or arguments. They may unknowingly admit or deny something that really damages their case when trying to respond to a claim made by the other side. An experienced attorney isn't emotionally invested and knows how to present favorable information without also giving help to the other side. Finally, pro se litigants frequently struggle with how to provide or submit evidence. They may have the facts on their side, but if they don't follow the proper process to get evidence admitted in the correct way they can easily lose the ability to use that evidence. They also may make mistakes in response to discovery demands from the other side or not know they could've have objected to damaging evidence the other side introduces and have it excluded. You don't have to believe me. Ask the 1200 state trial judges that responded to a 2010 survey on pro se litigants. "Self-representation is resulting in worse outcomes for litigants, according to 62 percent of the judges. The greatest problem is failure to present necessary evidence, 94 percent of all respondents said. That was followed by procedural errors, ineffective witness examination and failure to properly object to evidence." Ask yourself this: why do almost ALL attorneys that face a personal legal issue hire an attorney to represent them? They would likely tell you it is to avoid the potential pitfalls of emotion influencing their decisions, and to have someone experienced in the particular legal area that is at issue. They aren't stupid or simply want to throw money away. They know the old adage is true: A man who is his own lawyer has a fool for a client. |
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I would wager good money Thomas has the benefit of counsel in the case. The counsel's not licensed in Florida, though.
Ben Thomas is a good friend of James Yeager, Jon Willis, Sonny Puzikas, and others who have worked or trained in Camden, TN at Tactical Response. The relationships between many of those folks is very intertwined. Those relationships include Spike's Tactical, Jim Fuller/Rifle Dynamics, the former Sons of Guns / Red Jacket Firearms crew, and others. Another member of that web of friends is attorney Dana C. Mclendon III, of Franklin, TN. Many of you know him from the Hot/Crazy Matrix video he did with Yeager several years ago. He's also the attorney who posted in a thread on ARFCOM several years back which resulted in Willis finally paying back a member whose gear was never delivered. He's pretty much the attorney for many of the Tactical Response fan club, as he is friends with many of them. It wouldn't surprise me if he's at least offering some advice to his friend from the shadows. |
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I would wager good money Thomas has the benefit of counsel in the case. The counsel's not licensed in Florida, though. Ben Thomas is a good friend of James Yeager, Jon Willis, Sonny Puzikas, and others who have worked or trained in Camden, TN at Tactical Response. The relationships between many of those folks is very intertwined. Those relationships include Spike's Tactical, Jim Fuller/Rifle Dynamics, the former Sons of Guns / Red Jacket Firearms crew, and others. Another member of that web of friends is attorney Dana C. Mclendon III, of Franklin, TN. Many of you know him from the Hot/Crazy Matrix video he did with Yeager several years ago. He's also the attorney who posted in a thread on ARFCOM several years back which resulted in Willis finally paying back a member whose gear was never delivered. He's pretty much the attorney for many of the Tactical Response fan club, as he is friends with many of them. It wouldn't surprise me if he's at least offering some advice to his friend from the shadows. View Quote |
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Hang on. He's preparing a brief in opposition. View Quote View All Quotes View All Quotes Quoted:
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Quoted: Attorney's have a vested interest in putting down pro se litigants. The fact is that the legal profession is largely a billable hours game. Maybe not you, but most of the lawyers I dealt with really only care about the money. That is why they generally have a bad reputation. Bankruptcy lawyers that take the lion share of assets in fees, while creditors and investors get little or nothing. Prosecutors that withhold evidence to get convictions. PI lawyers, well nothing more needs to be said. If a person can research and write, they can defend themselves. It also helps to be a good analyst. That being said, I have read plenty of pleadings drafted by lawyers that are poorly written, in addition to being poorly reasoned. I helped a guy in navigate his way through domestic court. He ended up getting custody of his daughter. I would be surprised if the guy had an IQ of 100. He also was a high school dropout and could not write very well. 1. I was the one who originally stated that it is extremely dangerous for someone to represent themself in an emotionally charged and highly personal case. You immediately accused me of being attorney. Your assumption was incorrect. 2. You say attorneys have a vested interest in disparaging pro se litigants. Actually, attorneys have a love/hate relationship with pro se litigants. They love how much it increases their chance of victory, but they don't love the hassle that pro se litigants create as they frequently slow down dockets, require in court hand-holding, reject normal plea/settlement offers, and churn out ridiculous arguments that they still have to provide a response to. 3. Pro se litigant success rate is highly variable. They rarely win in Federal Court. You can research it if you don't believe me. The success rate there is extremely low. Pro se litigants have a better success rate in family law matters like divorce, child custody, etc. On the other hand, pro se litigants in civil cases do not have successful outcomes very often. Here are some statistics to back up what I'm talking about: Pro se litigants had a 10% success rate in immigration court cases compared to a 40% rate for litigants represented by some type of counsel (frequently law students with supervision by one of their professors). https://www.justice.gov/sites/default/files/eoir/legacy/2005/02/01/BIAProBonoProjectEvaluation.pdf In the realm of protective orders, 83% of people with counsel were able to obtain a personal protective order. Only 32% of pro se litigants had success. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=972304 In landlord/tenant disputes, pro se tenants essentially almost never had success winning vs their landlord. http://legalaidresearch.org/pub/1684/impact-legal-counsel-outcomes-poor-tenants-new-york-citys-housing-court-randomized-experiment/ Again, your assumption that I am an attorney is incorrect. I don't have any personal animus against pro se litigants - - I'm just aware of the facts as it pertains to their success rate. I'm actually involved in a case that I'm handling pro se right now as it is an incredibly minor matter, and pro se litigants are common. But, I also know it decreases my chances of prevailing. However, the matter is so trivial it isn't worth the expense of an attorney. This case, though, isn't a trivial matter, and it involves some rather complex questions that a typical pro se litigant simply cannot be adequately be prepared to handle unless they have substantial assistance by experienced counsel. One of the main reasons that I believe acting pro se in this case is dangerous is because pro se litigants are prone to accidentally saying or doing things in their written communication or oral deposition/testimony that considerably damage their own case. They don't have an attorney to buffer their responses, claims, theories, or arguments. They may unknowingly admit or deny something that really damages their case when trying to respond to a claim made by the other side. An experienced attorney isn't emotionally invested and knows how to present favorable information without also giving help to the other side. Finally, pro se litigants frequently struggle with how to provide or submit evidence. They may have the facts on their side, but if they don't follow the proper process to get evidence admitted in the correct way they can easily lose the ability to use that evidence. They also may make mistakes in response to discovery demands from the other side or not know they could've have objected to damaging evidence the other side introduces and have it excluded. You don't have to believe me. Ask the 1200 state trial judges that responded to a 2010 survey on pro se litigants. "Self-representation is resulting in worse outcomes for litigants, according to 62 percent of the judges. The greatest problem is failure to present necessary evidence, 94 percent of all respondents said. That was followed by procedural errors, ineffective witness examination and failure to properly object to evidence." Ask yourself this: why do almost ALL attorneys that face a personal legal issue hire an attorney to represent them? They would likely tell you it is to avoid the potential pitfalls of emotion influencing their decisions, and to have someone experienced in the particular legal area that is at issue. They aren't stupid or simply want to throw money away. They know the old adage is true: A man who is his own lawyer has a fool for a client. |
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I would wager good money Thomas has the benefit of counsel in the case. The counsel's not licensed in Florida, though. Ben Thomas is a good friend of James Yeager, Jon Willis, Sonny Puzikas, and others who have worked or trained in Camden, TN at Tactical Response. The relationships between many of those folks is very intertwined. Those relationships include Spike's Tactical, Jim Fuller/Rifle Dynamics, the former Sons of Guns / Red Jacket Firearms crew, and others. Another member of that web of friends is attorney Dana C. Mclendon III, of Franklin, TN. Many of you know him from the Hot/Crazy Matrix video he did with Yeager several years ago. He's also the attorney who posted in a thread on ARFCOM several years back which resulted in Willis finally paying back a member whose gear was never delivered. He's pretty much the attorney for many of the Tactical Response fan club, as he is friends with many of them. It wouldn't surprise me if he's at least offering some advice to his friend from the shadows. View Quote |
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Quoted: Link to that Willis thread? View Quote https://www.ar15.com/forums/Equipment-Exchange/John-Willis-OSOE/109-929579/?page=1 |
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So which side should I be on/want to win? Need to have some skin in the game to care.
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Quoted: Couple of things: 1. I was the one who originally stated that it is extremely dangerous for someone to represent themself in an emotionally charged and highly personal case. You immediately accused me of being attorney. Your assumption was incorrect. 2. You say attorneys have a vested interest in disparaging pro se litigants. Actually, attorneys have a love/hate relationship with pro se litigants. They love how much it increases their chance of victory, but they don't love the hassle that pro se litigants create as they frequently slow down dockets, require in court hand-holding, reject normal plea/settlement offers, and churn out ridiculous arguments that they still have to provide a response to. 3. Pro se litigant success rate is highly variable. They rarely win in Federal Court. You can research it if you don't believe me. The success rate there is extremely low. Pro se litigants have a better success rate in family law matters like divorce, child custody, etc. On the other hand, pro se litigants in civil cases do not have successful outcomes very often. Here are some statistics to back up what I'm talking about: Pro se litigants had a 10% success rate in immigration court cases compared to a 40% rate for litigants represented by some type of counsel (frequently law students with supervision by one of their professors). https://www.justice.gov/sites/default/files/eoir/legacy/2005/02/01/BIAProBonoProjectEvaluation.pdf In the realm of protective orders, 83% of people with counsel were able to obtain a personal protective order. Only 32% of pro se litigants had success. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=972304 In landlord/tenant disputes, pro se tenants essentially almost never had success winning vs their landlord. http://legalaidresearch.org/pub/1684/impact-legal-counsel-outcomes-poor-tenants-new-york-citys-housing-court-randomized-experiment/ Again, your assumption that I am an attorney is incorrect. I don't have any personal animus against pro se litigants - - I'm just aware of the facts as it pertains to their success rate. I'm actually involved in a case that I'm handling pro se right now as it is an incredibly minor matter, and pro se litigants are common. But, I also know it decreases my chances of prevailing. However, the matter is so trivial it isn't worth the expense of an attorney. This case, though, isn't a trivial matter, and it involves some rather complex questions that a typical pro se litigant simply cannot be adequately be prepared to handle unless they have substantial assistance by experienced counsel. One of the main reasons that I believe acting pro se in this case is dangerous is because pro se litigants are prone to accidentally saying or doing things in their written communication or oral deposition/testimony that considerably damage their own case. They don't have an attorney to buffer their responses, claims, theories, or arguments. They may unknowingly admit or deny something that really damages their case when trying to respond to a claim made by the other side. An experienced attorney isn't emotionally invested and knows how to present favorable information without also giving help to the other side. Finally, pro se litigants frequently struggle with how to provide or submit evidence. They may have the facts on their side, but if they don't follow the proper process to get evidence admitted in the correct way they can easily lose the ability to use that evidence. They also may make mistakes in response to discovery demands from the other side or not know they could've have objected to damaging evidence the other side introduces and have it excluded. You don't have to believe me. Ask the 1200 state trial judges that responded to a 2010 survey on pro se litigants. "Self-representation is resulting in worse outcomes for litigants, according to 62 percent of the judges. The greatest problem is failure to present necessary evidence, 94 percent of all respondents said. That was followed by procedural errors, ineffective witness examination and failure to properly object to evidence." Ask yourself this: why do almost ALL attorneys that face a personal legal issue hire an attorney to represent them? They would likely tell you it is to avoid the potential pitfalls of emotion influencing their decisions, and to have someone experienced in the particular legal area that is at issue. They aren't stupid or simply want to throw money away. They know the old adage is true: A man who is his own lawyer has a fool for a client. View Quote Further, I will concede, the system is stacked against pro se litigants. The courts tend to be hostile towards them. Keep in mind that the system is a bunch of lawyers. Finally, I find it interesting that you characterize my guess that you are an attorney as a accusation. Are you offended by being called a lawyer? |
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According to a book of faces post, he's being sued for using the company credit card for personal things. "As many of you now know Spikes Tactical is suing me claiming that I fraudulently used the company credit card for personal expenses. An hour ago every contact in my email was spammed with a copy of the complaint. This is consistent with their behavior. When they got sued? They sent me to make peace with the plaintiff. I did every time. My friends have been trying to get Angela Register and Mike Register to make peace. This anonymous email from “saltwaterfisherman” is how they roll and I expect more threats and attempts to ruin my life. A friend of mine attempted to pay them what they wanted from me. Spikes reps told him “this is personal we want to see him, his wife and son living under a bridge” They damages they seek would bankrupt my family. I am not guilty. I am ashamed of their behavior and always thought more of them. Their lawyer said in a letter to me that he looks forward to deposing my wife, the intent being destroying my sons family. I cannot speak about the case of the lies and half truths they will put forward. So please don’t ask. Spikes has amassed a fortune and have dedicated unlimited funds to destroy me. Court cases like this are wars of financial attrition. There is no “winning” against an attack in court from a dedicated millionaire. God does not ask us to forgive, he commands us." Spike's Tactical response "The statement from Ben “Mookie” Thomas is full of misinformation. We plan to settle our legal issues with him in court not on the internet." - Spike’s Tactical |
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Quoted: A good number of Spike's employees, past and present, are Tactical Response alumni. Dig up just about any published article about their guns and you'll often see the 'testing' is done during TR classes in Camden. I guarantee they were familiar with him long before they hired him. View Quote |
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Why didn't they press charges against him for fraud? Why would he offer to pay their demands if he didn't use a company card for personal use? Both sides have a little fuckiness to them. View Quote |
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