October 6, 2022
Racism practiced by Hi Point 1522 LLC
Commentary by G. Juan Johnson – July 6, 2021
What is a lawsuit?
I primarily address civil actions here that can be filed by a private individual or company. (I do not address criminal actions which are typically charges filed by the government.)
A lawsuit is an action filed with a court, where two or more parties ask the court, the “third party”, to help resolve the dispute. If an action is filed with a court, a respondent (the person being sued) will typically have to show up in a courtroom.
In most courts, you can bring an action thru the hiring of an attorney, or in many cases you can represent yourself without hiring an attorney. For personal injury cases (like car accidents) you can probably get an attorney on contingency (they go after the insurance company) but for civil rights injury damage cases, you will pay upfront for the attorney (“retainer fee”).
Why is a lawsuit a good thing?
Your right to file a lawsuit (to “sue”) is a right guaranteed under federal law. Filing a lawsuit is you exercising your rights under law. Those rights also may appear under state and local law. You have the right to sue, and the other side has the right to sue you. (See references below “Lawsuit” and “Right to Sue” and “Equal rights under the law.”)
When filing a lawsuit, you are asking the Judge/Judge and Jury, to act as third party reviewers of the law and the facts. That can be a good thing. You may be awarded money damages or other forms of relief like an injunction or restraining order.
Why is a lawsuit a bad thing?
Your right to pursue your rights is not without cost. Even if you go thru administrative agencies like the (no fee) labor commissioner or the department of fair employment and housing, you will still spend some time and money pursuing your rights, as you may have to take off work to appear at a hearing. As for lawsuits, filed with small claims court, or state or federal court, you may have to spend money to do research, you may spend money for court filing fees or to pay an attorney. You may be awarded money damages or other forms of relief like an injunction or restraining order.
The operative word is “may”. In most cases, paying for a lawyer to represent you does not mean you will win your case. The lawyer may be skilled in how to talk in court, how to do legal research, how to bargain, but no lawyer can 100% guarantee you will win. Why? Because the win is up to the Judge and/ or jury who just may not see things the way you see them. The court (Judge or jury or both) will weigh the facts, and more importantly, apply the law to the facts, and you either win or lose on how skillfully your case has been presented.
Almost everyone in life is right about something, and many times during the day either someone compliments you or either you pat your own self on the back. But in law, you may be right about a lot of things, but it does not mean you will win your case every time. Sometimes a win may be that you did not have to pay the filing fees or costs. Sometimes a win is that you did not have to pay the other side attorney fees. Every part of damages you were “right” about, but the Judge did not see it that way, and did not award you any money.
Can I do it myself?
Yes. Most civil courts (and even some criminal courts) allow you to represent yourself (“pro se” or “in pro per”). But just because you act as your own attorney, does not mean you will be smarter than the other sides’s attorneys (lawyers) and you certainly won’t be half as smart as the Judge because the people running the courts have years of experience that you won’t have. You are supposed to sue for money damages or emotional stress, etc., or even injunctive relief. You really don’t have a right to sue someone for revenge or to harass them (frivolous lawsuit), so you have to be careful of that one. If you choose to do it yourself, your chances of losing will probably be about 95%. (this does not include filing in bankruptcy court); the good thing is that you will save money you are not paying an attorney, but you risk losing and having to pay the losing side’s attorneys. Yes, you lost, which doesn’t mean the other side won, but they still may be entitled to attorney fees. Say you paid your lawyer $10,000 to take the case, and you lost, then the other side seeks $10,000 in attorney fees and you will be forced to pay that. It happens.
Nitty gritty specifics
The phrase is “You CAN’T see the forest for the trees”. It’s a colloquialism that roughly means “You are missing the big picture by focusing on tiny details.” This means that this is your baby and you know your facts better than anyone. But the picture means that you should not lose sight of the fact that you must reduce the detail in order for the court to understand you. Try explaining your case to someone else and make it simple.
Try to have some understanding of the law. Don’t try to act like a lawyer and overwhelm the Judge with laws, but do try to throw in at least one or two legal statutes so the Judge knows you are not stupid. Many Judges do not like people who are not lawyers, but sometimes they will respect you if you know that you at least have read the laws. Don’t try to argue the laws, just state a few in passing.
Be prepared for the unexpected. Try to anticipate the Judge will ask you a question that you were unprepared for.
Be prepared for the landlord response. What will the landlord say? Will they lie? Will they try to get you upset?
Role play your case. Get a friend or relative and act like your case is before the Judge. Ask and answer questions. Practice not getting upset. Talk slowly in short sentences. Stick to the main points even if the Judge says, “Now tell me what happened.”
There are all kinds of Judges. Some seem more fair than others. Some will let you talk, some will constantly cut you off. If you have chosen to go to court, it is because you are prepared to take the risk that the Judge is fair and unbiased, and that they will listen to your story. It will be a learning experience. Be prepared for failure and be prepared for success. Watch Judge Judy.
Best recommendation
from personal experience
Lawsuits can be very stressful even if you can afford a lawyer and the money to lose. Weigh the pros and cons of what you want to win and what are you willing to lose. If you are dealing with property rights involving thousands of dollars in damages, you may be forced to enter a lawsuit because there is no other way. If you are a Davey (tenant) up against a Goliath (millionaire landlord), the odds will be against you, but you may have to sue just to attempt to protect your rights.
Tenants sue landlords every day. Sometimes the tenant wins, and sometimes not. We always have a choice to fight for rights or not. Most tenants do not pursue their rights even when they have a chance, so they just move on.
In order to have the most control over the outcome, the best recommendation is for both parties to work it out amongst themselves. Maybe two determined people can find common ground. This will be the cheapest and less frustrating way to go.
(Disclaimer: This article is not intended as legal advice nor is it legal advice. I am not a licensed attorney. It is not meant to be a substitute for doing adequate legal research. There are plenty of online sites on how to use small claims court procedures. There are even sample lawsuits online. One of the cons of small claims court is that there is no transcript of the procedures. But one pro is that you can with a little work request a jury trial. But if you decide to try your hand at state or federal court, the process is more tedious and may require filing lots of documents and stretch out for months or years. The odds will be in your favor that you will lose, even with an attorney. Finally, remember the receipts are your damages like your rent payments, parking tickets if they apply, fees you paid to an online attorney for legal advice, etc. — anything related to costs you incurred trying to remedy the housing services you are suing your landlord for. Remember all landlords (residential or commercial) need good tenants, otherwise they would not make any profits.)
References
Wikipedia. “Lawsuit”. Retrieved from https://en.wikipedia.org/wiki/Lawsuit
Wikipedia. “Right to Sue”. Retrieved from https://en.wikipedia.org/wiki/Right_to_sue
Cornell Law School. 42 U.S. Code § 1981. “Equal rights under the law.” Retrieved from https://www.law.cornell.edu/uscode/text/42/1981
See How to sue your landlord in small claims court
“Ten Ways to Improve Your Odds of Winning in Small Claims Court.” Retrieved from https://www.dummies.com/education/law/ten-ways-to-improve-your-odds-of-winning-in-small-claims-court/
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