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View Diary: Ohio bank steals woman's possessions by 'mistake,' then refuses to pay up (518 comments)

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  •  If the bank defends . . . (5+ / 0-)

    she'll need a lawyer. Believe me, justice costs money.

    •  Her phone will be ringing off the hook (4+ / 0-)

      with lawyers wanting to take the case on contingency, she'll have to beat them off with a stick.

      Live Free or Die --- Investigate, Incarcerate

      by rktect on Wed Jul 24, 2013 at 11:57:29 AM PDT

      [ Parent ]

    •  Lawyers are fallible. (1+ / 0-)
      Recommended by:
      linkage

      Most of them aren't very good and they can easily be beaten by a pro se plaintiff. Besides, a bank isn't going to put it's A team on a suit for 30 or 40K.

      •  A pro se beating a lawyer is not easy (0+ / 0-)

        The case might be easily won by the lawyer just having a better handle on the rules and asking for dismissal because of something like improper service of the complaint. If you are poor enough not to be able to afford a lawyer you might not feel comfortable paying for someone to serve the complaint. You might instead decide to serve it by mail. You can do that but serving it by certified mail isn't good enough, Under Rule 4A it needs to be restricted service. There are a couple hundred such rules that can trip you up before you ever get started. You might not properly handle discovery and interrogatories, or transcripts, or properly use witnesses to introduce evidence, or you might not make the right arguments to force a settlement on your terms at the ADR. Imagine a civil case dragging on for years with interlocutory appeals, Motions at the end of which the lawyer has drafted an order which he intends the judge should use in his ruling.

        Lawyers often aren't very good, they can be beaten by a pro se, it happens every time there is a blue moon...

        Live Free or Die --- Investigate, Incarcerate

        by rktect on Thu Jul 25, 2013 at 02:38:29 AM PDT

        [ Parent ]

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