"Sophisticated Litigant" label - beware

[plainNamedDad44]

Hi All,

STBX's lawyer has of late been using this label ("Sophisticated Litigant") in much of her correspondence.

I believe it is in an attempt to rationalize her previous attempts to procedurally out flank me. As I understand it LSUC and the courts frown upon this treatment of self reps.

Despite my change of fortune with my matter, I made it very clear to STBX's counsel that I am "stumbling through the process the whole way".

I think this is the safest to position to maintain, as it maintains the onus on STBX's counsel to treat self reps fairly, and for the courts to ensure the same thing. So it seems that the best thing to do is play smart, just keep it on the down low, so you can pull the "I didn't know" card if and when you need to.

I welcome anyone's opinion or experience on the matter.

[arabian]

Be aware that this site is visited by many lawyers. It is oh so easy for law firms to assign a junior to monitor this and other forums.

With that said I'd simply disregard the undertones of opposing counsel's communication. I have read, and personally witnessed, many self-represented litigants being congratulated by their demeanour, excellence of preparation and knowledge of their case as well as presentation of same.

Carry on.

[Links17]

The onus is going to be them anyways.... (but really, don't depend on them....)

What I did which worked wonders was the following:

-I was always extremely professional and good humoured with my ex's lawyer, have a chat after a hearing, try to settle some minor matter.

-When I made a mistake, I apologized

-I found an excuse to present humiliating case law that showed them to be ambulance chasers, they literally melted in the court room saying "Oh my god, I carry that case with me everywhere I go (i.e: as a reminder of his idiocy)"

-I didn't react when they tried to make fun of me in court (in fact I got the last laugh because the court of appeal rule in my favour against the other party AND the judge) as if I didn't know the law.

Best of all, I knew my sh** left, right and center that I made them look like the amateurs.

I think the opposing party should be so scared of screwing with you because of your prowess in court.... that they are overly conservative.

[Tayken]

Be aware that this site is visited by many lawyers. It is oh so easy for law firms to assign a junior to monitor this and other forums.

Excellent advice. Everyone should be very careful in using unique terms that could link your personal identity to what should be your anonymous identity on this site.

[Links17]

I agree assume your ex and their lawyers can read this at anytime , also maybe one day even your kids....

[plainNamedDad44]

thank you... but I didnt' think "sophisticated litigant" was that specific.