Tag: Pro Se

Do you know your local rules?

You might know that civil lawsuits in Texas are governed by a set of rules, the Texas Rules of Civil Procedure, which are promulgated by the Texas Supreme Court.  Much like the federal rules, the Texas Rules (TRCP) cannot “abridge, enlarge, or modify the substantive rights of a litigant.”  But did you know that every court in Texas can also draft its own rules?

Known as “local rules” a court wishing to adopt its own rules must file copies of its local rules with the Supreme Court for approval, and those rules must be published at least 30 days before they are effective, in accordance with TRCP 3a(3) and (4).  Attorneys and parties operating within a court are charged with knowing its local rules.  Failing to familiarize yourself with the local rules can be damaging.

Consider one of the Dallas County District Courts’ local rules

2.03. JUDGMENTS AND DISMISSAL ORDERS
Within 30 days after the Court has announced a verdict or judgment or the Court receives a written announcement of settlement from either party or from a mediator, counsel shall submit to the Court a proposed judgment or dismissal order, unless ordered otherwise. Failure to so furnish the Court with such a proposed judgment or dismissal order will be interpreted to mean that counsel wish the Court to enter an Order of Dismissal with prejudice with costs taxed at the Judge’s discretion. (Emphasis supplied).

That’s a pretty hefty rule.  If the parties notify the court they are settling, but don’t furnish a proposed judgment of order in a timely fashion, the court will dismiss the action with prejudice!  In other words, the plaintiff won’t get to file another lawsuit, and his or her only remedy is on appeal.  This is the sort of trap that could be fatal to a pro se plaintiff, or an unwary attorney.

Moral of the story:  read the local rules!

Do I really need a lawyer?

The only way to know for sure is to talk to one. Unfortunately each legal problem brings with it a unique set of facts and complications.

Without speaking to a lawyer about your circumstances, it’s impossible to know for sure if retaining a lawyer is the best and most cost-effective way of maintaining your rights. Also, while you may be thinking of representing yourself, known as “pro se” in legalese, you may want to carefully weigh the benefits. Lawyers have access to more than just courtroom experience. We subscribe to electronic services which help us keep up to date on the most cutting edge laws, and we’re familiar with the sometimes complicated rules of procedure and evidence. There’s also a saying in the profession, “the lawyer who represents himself has a fool for a client.” We wouldn’t appear pro se, and we suggest you don’t either.

How much will it cost me to hire a lawyer?

Lawyers generally have three ways of charging for their services, but it can get a little complicated. Read on.

First, a lawyer will frequently bill at an hourly rate for the time she works. Under this model you will only be charged for the time put into your case. Under this fee-structure, as well as the others, you will be charged for incidental costs like court costs, expert witnesses, and any travel costs.

Second, depending on the nature of your case, a lawyer may base their fee on how much you recover. This is called a “contingency fee” and is often used when the case is complicated, and the size of your recovery hinges on a lawyer’s skill. For instance, this is a frequent billing method in a civil rights case.

Third, you could be billed a flat fee, at the outset of your case. This final method is much rarer, and usually only for very simple cases like a standard ticket or an uncontested divorce, with no children or property.