Tips & Tactics The Lawyer’s Little Red Toolbox … #3
You sent so many emails thanking us for our “Little Red Toolbox”
series, we decided to send a few more warning tips again this week so
you can be prepared for the lawyers’ little red toolbox of tricks and
traps they use to throw you off track and put you at a disadvantage.
To learn more about protecting yourself from lawyers, get our complete
Jurisdictionary 24-hour step-by-step self-help course.
We mailed it, your Honor: Occasionally, a lawyer will claim he mailed a
motion, notice, or other important paper to you, when in fact the paper
never got mailed … and the court will be inclined to believe the
lawyer! Believe me. It happens. What can you do? If the paper required
you to respond within a certain time frame, and you didn’t get the
paper, there may be harsh penalties. What you must not do is try to
take advantage of the situation and claim you should not be required to
respond because you didn’t get the paper. If you do this, the court
will surely shoot you down. Instead, calmly assure the judge that you
will be pleased to respond to the paper, but you didn’t get it. Perhaps
the postal service lost it. They do, you know! Do not accuse the lawyer
of lying, even though he may be lying. It could also be his secretary
forgot to mail the paper or lost it. She will try to save her job by
insisting that she mailed it. Any attempt on your part to discredit the
lawyer or his staff will only work against you. Instead, assure the
judge that you will happily respond to the paper you did not receive,
and move the court for an order giving you a certain amount of time to
do so. Of course, it’s always a good idea to cite controlling appellate
cases that favor court leniency in such matters. Then, if the judge
refuses to give you more time to respond, you are prepared for appeal.
But, as you will learn in more detail with our 24-hour Jurisdictionary
step-by-step self-help course, showing the judge you already have
appellate case law on your side encourages the judge to do what you
ask, and the judge will probably give you more time rather than risk
being overturned on appeal.
We never received it, your Honor: Yes, this happens, too. At the very
worst time possible, the lawyer on the other side may claim he never
received an important paper you sent to his office. How do you deal
with this? Simple. Never rely on mail alone. Even certified mail gets
lost now and then. Mail your papers, by all means, but follow-up with
fax and, if the document is particularly important, have it
hand-delivered by a disinterested person who can give oath that the
paper was delivered on time and handed to a particular person in the
lawyer’s office. Print a fax log after all faxes to opposing counsel,
and staple the fax log to your copy of the document. Pay the few extra
pennies for delivery confirmation at the post office. Certainly, not
all lawyers are crooked, but enough are that you simply must anticipate
that sooner or later they will show up in court with the excuse that
they never received what you sent. Mail with delivery confirmation. Fax
with fax log. Hand-deliver by someone reliable who can swear delivery
was made. By doing this you put a stop to the “We never received it”
game that some lawyers think is sport. More procedure for effectively
controlling crooked lawyers is covered in detail with our popular
24-hour step-by-step Jurisdictionary self-help course.
NOTICE: These weekly “Tips & Tactics” are no substitute for our
complete 24-hour step-by-step self-help course. We send these to those
who have our course already and need a weekly reminder, and to those of
you who need to take responsibility to get our course and learn how to
protect yourself in court!
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the conversations and we will be happy to discuss your situation.You
should also listen to our regular Monday evening Radio Talk show by
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