GENIUS LITIGATOR |
Recently I came across a large number of legal actions involving a single individual. These actions spanned many years, over multiple jurisdictions and multiple court systems. I am sure such things happen frequently in our legal system. The unique aspect of this episode is about the individual who is not an attorney, acting in PRO SE [personal representation] capacity and caliber of submissions from this PRO SE individual is far superior than a seasoned attorney.
OUTCOMES
Examining the outcome of actions from the historical starting point draws a picture unfavorables to this genius litigator. The outcomes are peppered with Dismissed, Denied and Judgements against this PRO SE litigator. Some of the jurists’ comments in deciding the case even scolds the litigator.
BASIS
Each legal action needs sound basis to be supported by the law and legal precedents. Significant filings with this litigator contain allegations of wild conspiracy not backed by evidence. Harm done by others is excessively documented while lacking evidence of how the accused parties perpetrated the harms. They appear to be based on conjectures than facts. It is like accusing someone of killing a person but unable to offer any evidence how the accused killed or where or using what weapons. This example is for criminal act but in civil action accusations require evidence to establish the basis. A simple review highlights this flaw in some of the filings.
ALLEGATIONS
It is human nature when things do not go well to blame others. In court of law each allegation needs to be supported by evidence. The allegations are further supported when the plaintiff outlines the mix of own involvement in the episodes and underlines a clean hand conduct against accused. This is a credible add-on to the evidence and helps mitigate plaintiff’s participation - this is the clean hand argument. Without evidence and clean hand participation outlined by the plaintiff, allegations are easily refutable by the accused. Most unique aspect in these filings are the misconduct allegations against attorneys, US government officials and even some judges. Some of the past appeals against this cadre is denied but they continue to resurface as repeat allegations in new filings. There is significant evidence of allegations without evidence sprinkled in the filings.
DOCKETS
The court filings and briefs are key introduction and entre in filing a case. If the plaintiff's complaint filing is complex and difficult to understand or its elements do not mesh, the defendant will cease on exploiting the poorly assembled complaint and its flaws. While legal system allows complaint amendment, it is generally to expand the scope. When an amendment is used to correct poorly filed previous versions of the complaint, it discounts and diminishes the value of complaint itself. Continuously adding on to the original filing risks the over burdening of the docket. Overburdening a docket in-turn causes too much material for a judge to read and analyze. It also causes potential harm through unconnected dots, lost references and adding unsupported information. Observation indicates failing to file the required information under the court rules while loading the docket with ancillary information generated several negative rulings.
The PRO SE advantage is lost for the compelling need to tell the story without an understanding the audience’s ability to comprehend – a lack of simplicity based on supported facts. There is missing events evidence coupled with a failure in making it short and simple while blaming defendants to have perpetrated the harms. In one of the cases, there were large number of defendants added by the PRO SE litigator. Unfortunately, only a few responded and the case fell by the way side through judges review of massive docket submissions. Looking at the documentation and filings it was well done for some of the core issues. It was overloaded with too much unwarranted informational material and a lack of evidence covering most of the allegations. I recon, a credentialed attorney may do this differently. I still salute the acumen of genius litigator - PRO SE.