Pro se in personal injury

I will be appearing as a pro-se plaintiff in a personal injury/accident case. I have very good reasons for this - the main being the person at fault is no longer in the country, but I still want to get a judgement on record.

Now, because of travel reasons, I will be unable to attend hearings for the next couple of months. Can I request the court to postpone hearings till it is possible for me to appear? What is the process for doing this?

Nathan’s Answer

One would want to make sure they accomplished their goals of service, not getting a response, getting a default judgment on the record, possibly "proving it up" at a later hearing, etc. while being mindful of the statute of limitations (aka the time limit you're allowed to file lawsuit within). In California, very generally speaking, you have two years from the date of injury to file.

Is it legal to have someone do your online college homework or take your online tests or quizzes

Online schooling is done normally from home and when you are tired or stuck it is easier to have a child who understands to do the work or basically earn to degree, but is there a law forbidding it. i was just wondering if it is a way around it or is getting someone to do your work straight up unlawful.

Nathan’s Answer

One in a similar circumstance should reevaluate if they have enough time to do the work, or to study enough to gain the knowledge to do the work, before putting themselves in an awkward position they know isn't "right." From a legal standpoint, you will want to look into the student handbook of whatever institution you are attending. The penalties for being found out (and it happens all the time) may result in suspension or expulsion.

If you are tired or don't understand the material, I recommend you force yourself to come up with a better plan or schedule to your day, either to study up more, or at least get more rest. It'll take around 30 days of trying out a new schedule for it to become habit and to stick. Until then, keep working on it. Nothing good comes easy or else everyone would have a degree. Also, those lazy work habits will come back to haunt you later in your work life, when you'll be forced to play catch up then. Only then, much more is at stake! Best wishes!

What is the point of going to trial if there is a chance the client will have to pay the other side's attorney fees?

Through an offer of judgment.

Nathan’s Answer

Your question leads to the interesting proposition that mediation should be considered as a way to mitigate these imbalances and risks in taking a matter to trial (attorney's fees, losing, publicity, time spent litigating the matter, costs of just bringing the matter to trial, etc.) Instead of being confronted with the possibility of one side winning everything and the other losing everything so to speak, it might be more palatable for a "legal game theorist" to balance the risk via mediation, since it is never really clear who will in fact be the winner in litigation, where attorney's fees are most commonly awarded.

Can mediation be used in court?

My divorced has been final for 5 mo. and now ex-husband doesn't agree with parenting plan. I've been ordered to attend mediation which I do not want to attend. There have been no changes to the parenting plan since the divorce. Can anything discussed in mediation be used against me in court?

Nathan’s Answer

Generally, when a mediation is ordered by the court, one must go. Only the mediator usually may dismiss a party from mediation, on the basis that there is no headway being made. Also, I am only licensed in California, so I only know California's position on this, but generally speaking, mediations are confidential, and are treated as settlement proceedings under the Evidence Code here. While there is the potential for some abuse of mediation by parties attempting to get "free discovery" it appears it would be unlikely here, since this isn't a business or other document heavy matter. Please consult with an attorney or attorney-mediator in your jurisdiction for more details regarding the confidentiality of mediation in that jurisdiction.

Can you mediate with a no contact order?

I am in a case right now where the other my case is against has a no contact order. He keeps contacting me even though I am not allowed to answer. Is it possible to do a mediation? Please let me know thanks.

Nathan’s Answer

Some courts allow mediators to attempt to mediate civil harassment cases even with a no-contact order. If one were to go by the book, they would need to enable the withdrawal of the no contact order first, but the court may forgo that step to allow the parties to mediate this case. You can always contact any of your local courts and inquire about the possibility of mediation, and how to go about it given your particular circumstances.

If court ordered mediation do i have to take daughter if it was ordered but i had legal counsel in which i fired him

I need advice in how to terminate these visits also they have filed contempt so i have court date also when i had attorney he agreed to mediation i do not want to take her because they are prior guardians and i feel like i have been misrepresented

Nathan’s Answer

If a court makes an order, it generally stands until the same court that made the order, or a court on a higher level makes a new order that the old order should be changed (modified), deleted (vacated), etc. The court's order does usually change by the unilateral actions of one party, especially when mediation is ordered. If one goes to a mediation, and then refuses to participate, they have at least fulfilled the court's order of attending mediation, even if it was unsuccessful.

Can a Judge order me to attend mediation without counsel.

My ex-wife has decided she now wants custody of our 5 yr old son, 3 yrs after our divorce was finalized and 4 yrs after she walked out leaving our son with me. She has seen him and exercised her visitation rights only intermittently. She filed suit for full or joint custody. The judge ordered us to mediation but put in the statement that we are to appear without counsel in the order. I have had an attorney since she filed suit. I would prefer he be with me as I already tried voluntary mediation with her prior to her filing in court. This is in Hagerstown, MD.

Nathan’s Answer

Mediation can be attended with or without counsel. A judge may order a prohibition on counsel in the mediation to afford the parties a deliberation of what is best for both parties concerned. If mediation is to be attended without counsel, the party should take care to ensure that they are aware what rights they may currently have, before possibly deciding to negotiating them. That is why if one already has counsel, it would be wise to consult with counsel before entering into mediation, without counsel.

In wasington state, can a mediation attorney mediate for me and my wife, and then prepare and file our court documents?

This case includes children and property. We want one attorney to do it all.

Nathan’s Answer

While a mediation attorney, in his role as a mediator, may assist you and your wife in reaching consensus, it may be unethical for the mediator to then switch into his role as an attorney who then prepared and filed your court documents. The mediator should be independent of the legal process entirely. Thus it may be wiser to have an attorney mediator, or family mediator mediate the case, and then take the results of that case to an independent attorney to file. At that point, the attorney will discuss with you, as has already been done here, the option of being represented jointly, or having only one of the parties being represented, with the other party having the option of further representation if they deemed it to their best interest.

In small claims court when the Plaintiff walks away of a frivolous lawsuit, by simply failling to appear to mediation

but just to not to lose on the counterclaim goes back to court and alledges being late for mediation. The lawsuit is stuck now since he knows he will loose. How can I get back my Attorneys fees and court costs, since he provoked the facts sue me frivolously with corrupted witnesses ( that never really testified their lies )? What about my counterclaim?

Nathan’s Answer

If someone were sued in small claims court, and counterclaimed, and at least one of the parties did not appear for mediation due to being late, the court may require that mediation be attempted again, since the original complaint and the counterclaim would still be "live", so that even if the plaintiff dropped their complaint, the counter-claim may still be heard.

If one wanted to be awarded court costs and attorney fees (assuming they had an attorney), they would have to specifically ask for that - it would help to have that request in the counterclaim, as well when arguing the case in open court. However there is no guarantee one would receive any or all of what one asked for - that would be up to the judge.

We are still waiting on the mediation report from the family court services and have osc in 6 days. will that be delayed?

Last time we received mediation papers almost 2 weekds before osc but this time it isn't happening. Is there a time frame we are supposed to have the report before court? Can the judge delay the osc hearing?

Nathan’s Answer

Both parents can request to return to mediation voluntarily to work out a disagreement, especially through what appears to be already pending or scheduled mediation. Sometimes, even one parent can file an OSC motion with the Court and the Court may still then order mediation to resolve a dispute. In a matter such as this, it may be wise to obtain legal counsel familiar with your court, to discuss.