Tuesday, October 7, 2008

My Introduction To Our Legal System

I have a lot of respect for lawyers. My brother is a lawyer, I have friends or friends' spouses who are lawyers, and I know many of you, my readers are lawyers. So, in no way is this an attack on any of you personally or the profession as a whole. As with all professions there are "good ones" and "bad ones". The legal profession is no different.

We are in midst of a legal battle with a jeweler who ruined my wedding ring. My husband and I have done everything possible to keep this out of court and have been more than fair and accomodating when dealing with the defendent, both before we filed our claim and even now in the midst of litigation.

Unfortunately, the other side is playing dirty and I know they are doing so (aside from the simple fact that they can) in the hopes that they will wear us down and we'll drop the claim. I know they assume that I won't want to continue to represent myself, that I can't afford to hire a lawyer to defend me, and that I won't want to continue to participate in a drawn out legal battle. They are right in all respects. I don't want to continue to represent myself; I spend hours researching every night so that I am prepared to not get run over in court. I might as well be in law school. I can't afford to hire a lawyer and I don't have the time or the energy to fight this for the next 6 months or more. Where they are wrong though is that I won't drop it simply because of that. This particular lawyer knows her clients are wrong. I have more than enough proof and documentation and she knows that so she wastes her time and mine by constantly filing time consuming motions that in the end have no bearing on the outcome of this case.

I just hate that so much of lawyering seems to be silly games that they play with the intention of screwing the little person, in this case me.

So all you lawyers out there....any thought, advice?


Gena B. said...

Wow, sorry to hear about that. I'm sure they are just trying to drown you in paperwork to take up your time and money.
Good luck!

Nancy said...

That sucks! I've been on the receiving end of a frivolous law suit that almost destroyed us years ago. Don't know who was worse - the woman who made the claim or the lawyer who thought she had a case.
Can you get your brother to help you out? It's so unfair that you will be the one losing out.

Moxymama said...

Hey Nancy,
Sorry to hear about your experience. It just doesn't seem right. My brother has been very helpful. He lives 2000 miles away though so he's limited in what he can do, but he's been helpful in direction me toward the correct forms and laws that support my case.

Joanne said...

Can you go through any other avenues? A Better Business Bureau, or for instance, our local tv station has a consumer protection line, and if they find a complaint to be valid, will report it on air, which the merchant does not want. Just a couple thoughts ...

Moxymama said...

Hi Joanne,
We did go through BBB initially, but they just ignored it. My husband plans to contact our local news stations after we see how the claim plays out. They have an "On Your Side" segment.
Thanks for your suggestions. I appreciate it.

Emerald said...

Any lawyers in your area who take pro-bono cases? I am surprised that the merchant wants to take this to court. Good luck.

Robyn said...

Are you in small claims court or superior court (or the equivalent in your state)? If you're in anything above small claims court it will be nearly impossible for you to proceed without a lawyer. If you can find a lawyer willing to work on a contigency, there would be no problem with affording one.