THE 2011 CONNECTICUT PRACTICE BOOK: PART I

I was on the phone with a clerk recently challenging him on a file he had put together for my case.  During the course of our discussion, I asked the clerk "How did you make your decisions about the content of this file?"  His answer was, "I looked at the section in The Practice Book that provides the guidelines for what I am supposed to do." 

This, guys, is the very center core of everything that goes on in a court room.  No matter what you do or say, it all comes down to are you doing what the practice book tells you to do. 

When I was preparing to take my case over as a self represented party, one of the first things I did was spend several days sitting in family court and observing what was going on.  Now, I basically think all lawyers are no good and I wouldn't trust any one of them.  But I do, now, have respect for one Connecticut attorney, Attorney Steve Dembo.  Why?  Because every time I saw him in court he had a copy of the Connecticut Practice Book right in front of him and whenever there was a dispute, he would just open it up and read from it.  That approach always seemed to work like a charm and end the dispute in his favor. 

OK, so I guess that doesn't seem like rocket science to you and you figure anyone could do that.  But don't be so sure.  Remember all the dumb things your lawyers have done since you started your case.  Unbelievable!  Following rules that are clearly printed out in a book is really hard for these people! 

If the law seems mystifying to you, if you think your lawyer is all song and dance and no action, just take out the Practice Book, because the Practice Book tells you exactly what your lawyer is supposed to be doing.  And if he isn't doing it, you can open the appropriate page during your next meeting and ask, have you done the following procedure as prescribed by the Practice Book?  It is really hard for an attorney to wiggle out of what The Practice Book says to do. 

How can you get your hands on a Practice Book you ask and how much does it cost?  I'll tell you.  All you have to do is google "Connecticut Practice Book 2011" and you will be able to locate a PDF version of the book and download it off the internet for free.  The only downside to this is that the book is over 500 pages long so you have to sit in front of your computer for quite a long time until the whole thing prints and then you have to find a way to store it so you can flip through the pages easily and read it. 

I have my Practice Book stored  in two large three ringed notebooks, so that involved having to print the book out on three hole punched paper to save time.  You can figure out your own system. 

Once you have your own copy of this book you essentially have in your hands the rules of court for the State of Connecticut which dictate exactly how a lawsuit is conducted; it tells you what documents to file, when you need to file them, and what you have to have in them in order to get the results you need. 

If you don't follow these rules, you may end up being unable to proceed effectively with your case in court and thus may lose your case not on the basis of the facts and the evidence, but simply on the basis that you didn't follow the rules in the Practice Book. 

Sometimes these rules may seem trivial, particularly when they go into the details of margins and page numbering, but keep in mind the clerks who receive all the documents you take to court will strictly enforce those rules.  You don't want to go all the way to court and have a document rejected simply because your pagination was wrong. 

What this means is that to succeed as a self represented party or to work with your lawyer so he or she succeeds, you have to be attentive to detail, no matter how small.  Whenever something has to be submitted to the Court, open up your Practice Book and review it and ask yourself have I done everything with this document that the Practice Book requires.  If you haven't, do it over again. 

From what I have seen, cases either succeed or do not succeed based on these kinds of details.  And you want to succeed.

GETTING ORGANIZED AND STAYING ORGANIZED

I was recently talking to a friend of mine who is involved in a high conflict divorce and she was complaining that an agreement or rather a stipulation as it is called that she signed a few months ago didn't give her the rights she felt entitled to. 

I responded, "Fine, let me take a look at the stipulation and perhaps we can do something about it." "But I don't have a copy." she answered.  My lower jaw clattered to the floor and tap danced with the tiles, "What," I said, "You have a stipulation you hate and you don't have a copy of it?  What is the matter with you?" 

Of course, "What is the matter with you!" is a remark I make often because people fail to do the simplest things, even in the face of a calamity such as a high conflict divorce, that would absolutely save them.  It defies common sense sometimes. 

This is the news you all have to hear and hear well.  Always make sure that you have a copy of every last one of the documents in your court file--always. 

Here is another scenario I just love.  Fortunately, or rather unfortunately, I have a cousin who does the filing for my case.  Sometimes, and this has happened too often for my comfort, I'll be writing up a motion and I'll go, "Cousin J. do you have a copy of the bank statement from January 2006 that indicated my ex committed fraud, because I just need to add some information from it into this motion."  And my Cousin J. will say, "Bank statement, bank statement? I don't know anything about no bank statement."  Cousin J., by the way, is lucky to be alive. 

Again, let me tell you something.  You cannot afford to lose vital evidence in your case because of some file mixup or because you and your helper blanked out.  Every item of documentation needs to be available at your fingertips within a matter of minutes, or else. 

That is what it means to conduct a vital and effective legal case.  That means, nothing in loose folders, nothing strewn on your kitchen table, nothing stuck in piles around the house, nothing coffee stained or strewn with crumbs. 

Do not fill your living room and dining room with random boxes of stuff, purchase a great big filing cabinet.  Heck, if you are lucky enough that your legal papers don't fill it all up, then I'm sure you can find a good purpose for the extra drawers. 

In the filing cabinet, use one bit of space for your exact copy of your court file, use another bit of space for all correspondence in your case, to the opposing attorney, to the judge, to the GAL, to the custody evaluator, and to the experts in your case such as the forensic accountant and also your letters. 

Never lose or misplace a single piece of correspondence in your case. 

Staple the envelope for the letters you receive to the correspondence or else there is no legal proof when and if the letter was sent to you.  Also, staple the certified mail documents or receipts from the post office onto the correspondence you send out so you have evidence of mailing. 

Keep another bit of space in your filing cabinet for all of the exhibits in the case that you intend to file with the court, and also include any evidence you think might eventually make its way to the court.  Keep another bit of space available for copies of all the transcripts of the depositions and hearings held in your case.  Cluster Stipulations and Agreements and Judges Orders together in one place. 

Make sure you have a location for articles you download from the internet regarding the law in your case as well as all booklets, library materials, and pamphlets you pick up along the way.  Also make sure you have a location for your list of contacts in the case along with any associated information as to the background of these people.  Sometimes connections, who you know, can be half of your case and you don't want to lose that advantage because you lost someone's phone number. 

Label everything you have and put it all in either chronological or alphabetical order so it won't be hard for you to find anything you need. 

When it comes to information that is vital to the case or that you are constantly pulling out of the file to use, put together a "hot box" with all that material so it is readily accessible.  Always keep in mind that your legal case will be no better than how you maintain your filing cabinet and the system you use to keep track of your paperwork.  Sometimes it all comes down to which party has the right document. 

So don't make a mistake and fumble this part of your case, or else you will live to regret it.

THE NATIONAL BUSINESS INSTITUTE

It is a real problem, sometimes, attempting to pursue an action in family court as a self represented party, because, after all, what do we pro se's know!  However, it is equally difficult having to pursue an action in family court as a lawyer representing a client, because, again, what do lawyers know!  Ok, I'm just trying to be funny!  

But maybe not really.  One of the things that really struck me when I was going through the worst of my divorce is how little lawyers knew.  My guess is the reason why this is so is because while law school provides students with a general overview of what the laws are and how to conduct themselves in court, there is still a whole lot of information out there that lawyers just don't learn in law school.  

That is why there are companies out there such as The National Business Institute (NBI).  Founded in 1983, The National Business Institute is a for profit business that provides a broad based legal education to lawyers on the practical aspects of the various fields of law, including our favorite, family law.  This means that you can sign up with NBI for all day seminars on various aspects of the law and the practice of the law, such as how to prepare and present evidence for trial, strategies for using an expert witness, how to conduct a cross examination, how to prepare for trial, all at the very inexpensive price of $350.00 or so per seminar.  

In addition,  NBI also provides state specific teleconferences which you can participate in, webcasts, MP3 downloads, downloadable course books, etc., etc., all for relatively inexpensive prices, given how much it would cost your own lawyer to convey all that information to you.  The live seminars are available all over the United States and are tailored to the requirements of the particular state that you live in.  For a self represented party, there isn't any subject matter that you need addressed which isn't covered in one of NBI's seminars.  

The big advantage of the National Business Institute is that it hires highly respected lawyers in your local area to make presentations and the people who come to take the courses are also many of the highly respected lawyers in your local area.  This means that you will be shoulder to shoulder with the very people whom you will be facing in court and you can meet them on a casual basis, speak to them informally and get to know them.   Frequently, there are opportunities for networking available at the seminars and you can get recommendations and referrals from people.  

Also, these seminars can provide you with practical information about the practice of the law which you yourself can use when you get to court, or else you can take the information your receive and use it to guide the lawyer who is representing you.  I literally saved myself thousands and thousands of dollars by participating in NBI seminars just obtaining inside information regarding how the law works in the State of Connecticut.  

And again, don't underestimate the importance of using the internet to connect with NBI for teleconferencing and the webcasts, and take advantage of the opportunity to download some of the course materials.  I've definitely benefited from doing that kind of thing as well. 

The URL for The National Business Institute is:  

http://www.nbi-sems.com/.  

You can also contact them at 800-930-6182 or email them at:  customerservice@nbi-sems.com.  Its customer service hours are Monday - Friday, 7:00a.m. to 5:30p.m. central time.

  

And, by the way, I do not get paid for this kind of endorsement.  I only let you know what worked for me.  Do what you like with the information.    

OBSERVE! OBSERVE! OBSERVE!

One of the most important things you can do for yourself if you are involved in a high conflict divorce or are in the situation of representing yourself is to observe a courtroom. And, by the way, as a citizen of the United States of America, you have the legal right to observe in a courtroom to your hearts' content--as long as you aren't disruptive, of course.

When I say "observe" this doesn't mean you hang around for an extra half hour; what I'm talking about is observing a Courtroom. This means that you arrive at 9:00am in the morning and leave at 5:00pm with a quick break for lunch between 1:00pm and 2:00pm. Bring along a notebook and a pen so that you can take notes regarding what you see. If possible, do this fairly regularly so you have a chance to do a full day at least for 5 to 7 days. Sit in different locations around the courtroom--try the large courtroom and the smaller, more intimate sized courtrooms.

Don't be afraid. If you are in a small courtroom and you are the only observer and the lawyers and the judge look at you funny--so what! You may even have the judge ask you why you are there or have attorneys approach you to find out what you are up to. If so, go ahead and tell them, I'm here to observe. I want to learn from having the chance to see what you guys do on a daily basis. Be professional and dress in a formal style while you are there. Take notes, be quiet, watch everything that goes on.

The value of this opportunity is that judges who may eventually be on the bench when your case comes up will remember that you were the one who took the extra time to sit and learn from them. Of course, I don't think it means special treatment, but at least they know you are serious and have a positive attitude.

Also, observing the court allows you the opportunity to see court procedures carried out in front of you, so you can see how they are done. You learn that other people are facing very similar problems and you have the opportunity to see what they are doing to resolve matters. It helps you to learn what legal issues keep on presenting themselves again and again, and provides you with an opportunity to see what are the factors that weigh in when a judge is making a decision. Every time I have gone to Court to observe I have learned new and vital information which has assisted me at a later time, so I can't emphasize more the benefits of being there and watching how it is done.

Whatever you may have to say about the court, whether it is corrupt, or fair in any way, our judicial system is part of a centuries old tradition, and it is worth learning about that tradition, learning about what courts and judges have considered important over the years and learning about what they have done to resolve conflicts, no matter how poorly, and seeing it within the context of individual judges who are seeing thousands of litigants each year, and doing their best with what they have, sometimes well, sometimes badly, but nonetheless with a weight of tradition on their shoulders and, I'd say most of the time--you may argue with me on this one--with the intention of doing the right thing, even when they are blind and don't. And even, on occasion, when fairly rigid court protocol makes it impossible for them to do the right thing. Situations like that happen!

We must first understand the history and the context of the judicial system before we can fully contend with it when the system goes wrong, or when questions of law that we have raised stand before it and hang in the balance and we want to sway it in our direction.

LEARN! LEARN! LEARN!

I skipped yesterday, so there wasn't anything new and exciting on this blog. Sorry about that. I am hard at work right now. My case in family court rested a week and a half ago and so I've been writing memorandums of law for the judge which support my position. Also, over the weekend, yesterday, and today I have been writing a followup to a grievance complaint I lodged against a former lawyer of mine. The way it goes is, I submitted my original complaint, he responded, and now I am responding to his response. Get it!

By the way, for anyone who has considered filing a grievance with the statewide grievance committee, if you really want the grievance to stick, you really have to take submitting the grievance seriously. That means you don't just scribble out a page or two of a complaint in your own handwriting with no evidence to support your complaint, you have to do what I did which is submit 14 type written single space typed pages and include 35 exhibits. Otherwise, they'll laugh in your face. In my response, which I am now in the middle of writing, I now have 17 single space typed pages plus an additional ten exhibits. Now I'm not saying be as prolific as I am, because I just talk to much. But you do have to present a persuasive and credible narration of the events that occurred with some kind of proof.

Still, I was chuckling as I put this document together. When my ex lawyer whom I'm complaining about took me to trial at civil court regarding his ridiculous bill, I used all of the paperwork he provided to me as the basis for the paperwork I submitted to court to use against him. I copied format, I copied wording, I copied content. I copied his demeanor. I copied everything. The same goes for the opposing attorney in my family court case. In the last four years, I've watched every move she's made, I've listened to all her arguments, observed how she formulated questions, and reviewed all the documents she's produced. In short, everything I know about the law started with her.

So If I know anything about the law, it's thanks to the opposing attorney in my case, and thanks to my own idiot lawyer whom I am now suing using his own techniques. So, what I'm saying is, don't get scared of these guys. If they frighten you, find out how they frightened you, and do the same back to them. If they outsmarted you, figure out how they did it, and do it back. Outsmart them, outthink them, outdo them. Learn! Learn! Learn!

VOLUNTEER ATTORNEY PROGRAM!

Just wanted to let you guys know that there is now a volunteer attorney program at the Hartford Family Court at 90 Washington Street. It operates every Wednesday from 9:00 - 11:00am in the Court Service Center.

 

Apparently, volunteer attorneys are available at that time to answer all the legal questions that you may have. It is first come, first served.

I haven't heard anything about how this works or whether the advice they give is helpful. Give it try and be the first to comment about it here on this blog!!!!

COURT SERVICE CENTER

Just for a little practical advice, if you are looking for a place to hang out and do a little business before or after a hearing, try the Court Service Center. This is a place in the courthouse intended for self represented parties, although lawyers hang out there as well.

Basically, it's a place where there are a few clerks at a reception desk available to answer basic questions about court policies and procedures, although they will not provide legal advice. Of course, that's a fine line to tread, as you can imagine, so if a little legal advice leaks into their explanations of court policies and procedures, don't be surprised.

At least one of the clerks is usually a notary public, so you can get your documents notarized there for free. The Court Service Center also includes a xerox machine where you can make copies of your legal documents for free. They have a limit of ten copies per day, but no one is watching closely and counting, as far as I can see, although if you push it and one of the clerks notices you might get some rolling eyeballs.

There is also a fax machine which you can use for free, as well as a telephone which is free as long as you make local calls (limit of ten minutes to the calls). There is a bank of computers where you can type up or edit any legal documents as well as get online. Lots of people just gather around a computer and write their agreements (stipulations) up on the spot, negotiating as they go. So you can have his attorney, her attorney, him and her, his friends, her friends, relatives, plus the parties' kids and they are all jumping into the mix all involving themselves in the process. For some work and conferencing space there are a series of circular tables and very comfortable chairs with wheels so you can roll around on them.

There's some little furniture there for little kids to sit, but basically no toys or anything to make them feel comfortable, so it's a really bummer if you are a kid and have to be there.

Then there is an entire wall full of court forms which you may need to use for any action you take in Court. Also, there are a few racks full of brochures explaining the importance of fatherhood, domestic violence, parenting classes, etc. etc.

Along with all this there are bunches of staplers, staple removers, two hole punches, three hole punches, pens, paper clips, etc. In addition, there are a few extra copies of the 2010 Practice Book and a copy of the Connecticut General Statutes, if you need a little extra light reading.

Usually, a State Marshall shows up daily between 12:30 and 1:30pm if you need one to send out a supoena or a notice of hearing, etc. and their rates are on the cheaper side than they would be if you called them from your home. So, that's the scoop on court service centers. They are there for you, so take advantage of them!