Comment Re:Prediction (Score 1) 491
Lawyers aren't the only ones with access to legal code books. I handled my own case against an insurance company a few years ago and their lawyer corps tried to confuse me with legal mumbo-jumbo. I spent six months worth of hearings and proceedings making random motions that I didn't understand myself just so they'd have something to answer to, which was more-or-less what they were doing to me. Eventually the Insurance company settled (for three times my original demand!) rather than continue paying their lawyers to chase down responses to motions which I filed that may or may not have has anything to do with the case at hand. At one point, the lawyers tried to convince the judge to cite me for contempt and to prevent me from filing further motions -- the judge said that my shot-gun approach was just as likely due to my lack of knowledge as it was to true obstructionism. In the end, only about 20% of my motions were actually allowed by the judge, but that 20% caused those $150 per hour lawers six months worth of work.
My top six favorites:
1) Change of venue motion, every month.
2) Motion to supress, every hearing.
3) challenge every witness and file a motion to dismiss every witness as a non-expert (this causes weeks of wasted time while lawyers/witnesses gather credentials...).
4) This isn't a motion, but bring in your own witnesses. Just have buddies come in as experts in the field of (in my case) accident recreation (or whatever is helpful). The lawyers will challenge your witnesses credentials, you ask for time to gather the needed information (just like they already got when you challenged theirs) then two months later you come back and say that your witness skipped town and was, in fact, not an expert at all (you had no way of knowing, of course).
5) if the lawyers use a motion about proceedure that sounds good and works for them to waste a bunch of your time -- recycle the same motion verbatim after you've jumped through their hoops. The judge gets kind of a kick out of that.
6) Challenge every word that comes out of the lawyers mouth. Judges love to deny objections, so give him plenty to have fun with.
Remember, the companies have tons of money and lots of lawyers, and they don't want to dedicate all of either to you. I made clear to the insurance company that the case wasn't costing me anything at all and I'd be happy to continue with the case FOREVER. No other company is any different, they'll all settle if they see you setting up camp to fight with them (or, in the case of the MPAA, they'll leave you alone and drop their case).
My top six favorites:
1) Change of venue motion, every month.
2) Motion to supress, every hearing.
3) challenge every witness and file a motion to dismiss every witness as a non-expert (this causes weeks of wasted time while lawyers/witnesses gather credentials...).
4) This isn't a motion, but bring in your own witnesses. Just have buddies come in as experts in the field of (in my case) accident recreation (or whatever is helpful). The lawyers will challenge your witnesses credentials, you ask for time to gather the needed information (just like they already got when you challenged theirs) then two months later you come back and say that your witness skipped town and was, in fact, not an expert at all (you had no way of knowing, of course).
5) if the lawyers use a motion about proceedure that sounds good and works for them to waste a bunch of your time -- recycle the same motion verbatim after you've jumped through their hoops. The judge gets kind of a kick out of that.
6) Challenge every word that comes out of the lawyers mouth. Judges love to deny objections, so give him plenty to have fun with.
Remember, the companies have tons of money and lots of lawyers, and they don't want to dedicate all of either to you. I made clear to the insurance company that the case wasn't costing me anything at all and I'd be happy to continue with the case FOREVER. No other company is any different, they'll all settle if they see you setting up camp to fight with them (or, in the case of the MPAA, they'll leave you alone and drop their case).
