Legal Question in Civil Litigation in Florida

Pls define Liability from damages

The defendant hired an attorney. I did not, Can I try a case based on the facts or am I going to encounter law cases by his attorney what Can I say to the Judge about that.

Asked on 1/06/01, 4:22 pm

2 Answers from Attorneys

Stephen Verbit Law Offices of Stephen Verbit

Re: Pls define Liability from damages

Assuming you have no formal legal training, you will be at a distinct disadvantage if you try a case against an attorney. Common sense only gets you so far. If you are going to try a case, you should have mastery of the Rules of Civil Procedure and the Rules of Evidence. There are many nuances in the Rules of Civil Procedure that, if you are not aware of them, can result in the waiver of important legal rights. The actual truth and the factual record established in court may be two very different things because of the Rules of Evidence. In addition, you must know the law that applies in your case, including statutes, if any, and interpretive case law. You must also know how to apply that law to the facts of your case in order to craft legal arguments that will be persuasive to the court. If there is any kind of serious money at stake in this case, you could lose your shirt unless you retain competent legal counsel. If you can afford to lose the amount of money you are being sued for, then maybe it is worthwhile for you to take your chances on your own. Trying the case by yourself would definitely be an educational experience.

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Answered on 1/11/01, 7:50 am

Michael Tobin Michael M. Tobin, P.A.

Re: Pls define Liability from damages

It is not possible to answer with such limited facts. Often the judges will be kind to unrepresented parties. But you may commit fatal errors that kindness will not overcome. I suggest you at least consult with an attorney to review your case and advise how you should proceed. The amount involved is obviously important.

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Answered on 1/10/01, 9:48 am

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