Learning the hard way!!!

[suey]

What is the name of your state? NH (Concord)..

Has anyone ever heard of someone successfully representing themself in a libel suit. It seems any lawyer I've contacted wants a large retainer fee even before they will see me. Why is that?

 

[cbg]

If no lawyer will take your case without a large retainer, the probability is that your case is weak at best.

 

[Quaere]

You could have a slam dunk case against a defendant that will not be able to pay a judgment. Such a situation would discourage lawyers from taking the case on a contingency basis.

 

[suey]

Quaere.

Thank you for your advice. I must clairify, I am the defendant. I can not get an attorney on a contingency basis I have tried for almost a week. Which i understand. I am the one being sued. If anything I will be the one paying through the nose if a judgement is rendered. I guess the attorney's feel in my case if they dont get a retainer upfront they may never get paid at all. I have already been informed that these cases are difficult for both sides and very stressful. Last but not least, extremely costly. I am scared because I have no idea what to expect. I was stunned to learn that if a judgement is obtained againsed me in the end, that I can not discharge the judgement through bankruptcy. Apparently, if the courts determine I did this act intentionally, then I can not declare this in a bankruptcy petition. Therefore, i am stuck with this hanging over my head for about 20 years. One question I hope that some forum members can answer for me is: The fact that a lawsuit has been commenced/ filed, do you feel that the opposing party/ the attorney for the petitioner already has pretty strong evidence againsed me. I was told Yes by some. they tell me the attorney would never file the suit if they felt it could not be proven. That being said, doesn't the opposing party have to inform me that they are gathering evidence behind my back. As far as supboenas, obtaining statements and other documentation. Is it legal to obtain all of this without telling me first?? How long could a case of this nature take? Would it be risky for me to attempt to represent myself. I really know nothing about law. Any helpful advice is welcome.

 

[tessa]

Your best bet is to obtain legal representation. I would not recommend trying to represent yourself in a case like this. Having no legal knowledge in a case as difficult as this can end up causing you even more problems. Do you have a lawyer referral service in NH? They may be able to provide a list of attorneys that might charge a little less than the norm.

 

[BarbT]

Unless you have extensive legal knowledge in this area. I would tell you it is imperative you must have a skilled attorney represent you in this matter. Unless you have "Big Bucks" to invest and don't mind a case that may drag on for months even years; try and settle out of court. Cases of this nature can bring negative attention to both you and the plaintiff. Frankly, I wouldn't want my friends or my employer to find out about this. People can draw negative conclusions. Best advice "Settle"!! This may prove to be a much less expensive alternative and will bring a much quicker resolution.

 

[Quaere]

Thank you for your advice. I must clairify, I am the defendant.

Sorry! I assumed otherwise because you didn't seem to understand the need for a retainer.

Why don't you pay someone just to evaluate your situation and explain your options?