2

First, note that I wanted to ask the question "how hard is it to file and argue a declaratory judgment?" But that would have probably been a subjective question. But if you could include in your answer a mention of how hard it is, that would be great.

I assume "declaratory judgment" is something common to all jurisdictions and not just mine.

feetwet
  • 22,409
  • 13
  • 92
  • 189
Mr. A
  • 1,726
  • 2
  • 17
  • 31

2 Answers2

2

Not very.

In 1998 the Boston Bar Association Task Force on Unrepresented Litigants did a detailed study on this subject entitled Report on Pro Se Litigants.

http://apps.americanbar.org/legalservices/delivery/downloads/bostontaskforce.pdf

Among their findings was:

In some types of matters unrepresented litigants do not obtain results as favorable as those with counsel;

This conclusion is consistent with my personal experience.

Alexanne Senger
  • 10,010
  • 3
  • 31
  • 61
1

They fare poorly.

An attorney is considered an officer of the court. Their word is considered ethical gold in court. A non-lawyer has ZERO gravitas before the court, and so everything he/she says is assumed "suspect" before the court.

I was involved (respondent) in a case where the factual documentary evidence was incontrovertible, public record, and it completely supported my case. It seemed such an obvious slam dunk that I didn't hire counsel. The other side's attorney argued on a pro-forma basis to dismiss my motion to dismiss, and the case continued. I am certain that if I had hired counsel and my counsel had said the exact same things I said, the case would have been dismissed.

The courts really dislike talking directly to petitioners and respondents.

Alexanne Senger
  • 10,010
  • 3
  • 31
  • 61
dwoz
  • 2,693
  • 13
  • 10