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Switch from representing self to having lawyer representation?

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rypress

Junior Member
California.

Hi All,

I was recently served a lawsuit on grounds of "Defamation". I've never been sued before and have consulted with three family member attorneys and another three attorneys that came by way of referral. I've explained the claim to all of them in great detail and have even presented to them the document of which is the cause for the defamation claim.

These six attorneys of whom I've consulted with so far all agree that the Plaintiff's case is extremely weak, at best. A couple of them even said that the plaintiff doesn't have a case *at all*.

The Plaintiff is representing himself. The drafted summons is *so* poorly written and full of defects, redundancy, and even grammatical errors that it suggests the plaintiff wrote it himself. It reads exactly how I know this individual to write.

My question is this:
Based on the research I've done so far about "defamation" cases, and based on the consults with the six attorneys I've had regarding this matter, it seems very likely that if *I* chose to write my own response to the summons, that the court will throw this case out due to the fact that there really isn't even a case to begin with. That said, in the event that the court does *not* throw out the case, will I then have the opportunity to hire a lawyer to represent me, or does representation need to be established from the beginning (the response)? In other words, if I represent myself in the "response phase", and the court does not throw out the case, then, at that point, I feel like I *would* want an attorney to represent me. Will I be able to switch from representing myself to having a lawyer represent me?

Thank you all so much!

-R
 


quincy

Senior Member
California.

My question is this:
... In other words, if I represent myself in the "response phase", and the court does not throw out the case, then, at that point, I feel like I *would* want an attorney to represent me. Will I be able to switch from representing myself to having a lawyer represent me? ...
Yes. You can hire an attorney after you have answered the complaint. However, how you start a case can often make a big difference in the outcome of the case. Sometimes even an attorney cannot help correct early mistakes made by a pro se litigant.

Following is a link to (what I find to be) an excellent article, written for shlep: the Self-Help Law Express, titled: "Should You Go it Alone?" The article lists several questions to ask yourself before attempting to handle a legal action on your own. Although it is not California-specific, I think it is something that can benefit you to read.

http://blogs.law.harvard.edu/shlep/should-i-go-it-alone/

Also, here is a link to California's anti-SLAPP law that should be reviewed to see if your particular defamation case can benefit from such a motion. You can discuss this further with one of the six attorneys you have already consulted.

http://www.casp.net/california-anti-slapp-first-amendment-law-resources/statutes/c-c-p-section-425-16/

Good luck.
 
Last edited:

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