And More on Pro Se Litigants
I actually flagged this for posting before that last post, believe it or not.
Rabid pro se litigants, like people who make false criminal accusations, are people so far removed from our daily lives that we don’t even fear them lurking in the shadows. But God help you if they sue you or one of your clients.
No demand they make is unreasonable. Millions of dollars for a pair of lost pants? You’d better believe that’s reasonable.
If a judge rules against them, it’s because of a judicial conspiracy – always, always a conspiracy! Adverse rulings make them do even crazier things. …And what is being done? Nothing. Everyone treats them with kid gloves.
Judges usually cut them an incredible amount of slack. “Deadline” becomes a very relative term, with pro se litigants be allowed to file papers almost whenever they feel like it. Each hearing where deadlines are extended usually involves defense lawyer time. So the person being sued foots the bill for this preferential treatment.
If (almost always, when) they lose, everyone leaves the courtroom as if nothing had happened. The lunatic litigant isn’t sanctioned. And he will surely strike again. …
I have never understood why rabid pro se litigants are able to escape unpunished. Have we gotten so used to our legal system being used as a plaything for petty grievances that even pure lunacy is tolerable?
People who file lawsuits pro se usually have mental health issues, so I imagine there is an element of pity at play. But where is the pity for the poor schmuck who had to pay tens-of-thousands of dollars to defend himself? Where is the pity for the person who was, you know, actually wronged?
In any event, courts are part of a legal, not mental health, system. I do indeed feel sympathy for people with mental health issues, and I support measures to get them treatment. But allowing them to proceed with lunatic lawsuits is just as bad as letting them randomly vandalize ours homes.
So what should be done about it?
No obviously related posts.
If I were the judge, I’d be looking into whether I could slap him with sanctions, or award atty fees to the other side. No idea if that’s possible under applicable rules — it may not be. (I’d assume there is *some* sanction for bringing a trivial case in superior court or whatever it is rather than small claims).
And no judge out here would have put up with a guy consuming days of court time over a pair of pants. At the end of a few hours there would be strong hints that you should wrap it up. After that, hmm, you might start losing motions right and left.
I’d disagree with the post you link to, where the writer says the plaintiff wasn’t emotionally off. He may not be schizo, but he is incredibly self-absorbed, to where he is somewhat out of touch with reality. I mean … someone loses a pair of his pants and it’s a case with massive damages and a week or so of trial? He’s recounting his emotional agony at finding his pants have been misplaced? And so out of it that he doesn’t realize he looks like a fool?
I don’t know what can be done overall, but I have a specific suggestion.
No one files loony pro se lawsuits against the Gambino Family. Cultivate an attitude that will lead people to believe you will deal with legal nonsense the same way Tony Soprano would. I do.
Well, someone could write a book called How to Defend Yourself from Ridiculous Lawsuits for Dummies, 4th Edition. You might be able to defend yourself without a lawyer assuming the suit is really crazy.
Tree, Rope, Lawyer….