The difference between an essay and an argument before a court is legal research. When you show a judge that the legislature has weighed in on your issue, or an appellate court has ruled your way in a similar case, then you’re probably going to win the day. Far too many of us are intimidated at the thought of research itself, not to mention legal research. But there’s no reason to be afraid. It’s not nearly as difficult as it sounds.
Just a decade ago, anyone seeking legal authorities for their argument needed an expensive subscription to Westlaw or LexisNexis. Your average small law firm couldn’t afford those services, and there was even less value for self-represented and other litigants with just a single case. There’s more competition for these services today, which lowers the cost a little but still puts them beyond the reach of regular people. However, free alternatives such as Google Scholar, Justia and Cornell Law School’s Legal Information Institute (LII) are leveling the playing field.
Regardless of the research tool, your first step is to choose the position you want to take. You don’t owe the debt because… well why, exactly? Is there an error in the loan documents? Did the lender violate the terms of the contract? Did you lose your job and the ability to pay? (Heads up: Don’t even bother with that last one.)
Once you specify the position you plan to take, search for relevant statutes in your chosen legal research tool, then search for cases in your state or jurisdiction that refer to those statutes. Alternately, brainstorm a set of keywords related to the position you’re taking and search directly for cases that speak to situations like yours. You’ll find the relevant statutes and rules from reading through those cases.
There are many other sources for legal research, including our own curated list. Some are easier than others to learn and use. But you’re in luck! Co-founder Debra Slone has produced the first edition of Representing! How To Use Free Legal Resources: A Practical Guide For Pro Se Civil Litigants.
Sign up for our free updates at the bottom of any blog post or web page, and we’ll send you our simple, 10-page e-book on getting the legal authorities you need to support your positions in court. Legal research is an essential skill that every pro se litigant should have, and Debra shows you how to think through the cases and statutes you need, as well as how to find them.
Learn to do legal research and file your next motion with authority!
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Hassan Zaghloul says
Hi Sonja
I represent myself in courts including Court of Appeal
I wonder about the dress code to give an impression on the judge.
I consider myself sharp-dressed man
Would it be best to wear a great suit but NOT wear a tie?
Thank you
Hassan
Sonja Ebron says
Hello Hassan,
I can’t say I’m an expert on dress codes, but I shared some thoughts on it a while back at https://get.courtroom5.com/how-to-dress-for-court-when-you-represent-yourself/. My inclination is dress down, to stress my ‘pro se’ status. But it really depends on how you want to feel during oral argument. If wearing a suit and tie makes you feel in command, it’s a good idea to dress up.
Rosie Rivera says
My name is Rosie Rivera, a computer novice. I hope this is the area I can request Ms. Debra Stone’s e-book on legal authorities. THANK you very much
Sonja Ebron says
Rosie, Debra’s legal research guide comes with our free litigation course. You may register for the course at https://get.courtroom5.com/resources/how-to-slay-in-court-without-a-lawyer/.
James D. Gabriel says
Ms. Ebron:
I must say that I have the utmost appreciation for your work here. Just this morning I discovered the “Burlington Ave IT” video clips on Youtube and I am beyond the typical threshold of “impressed” with the presentment of your case . (I even wrote you all a poem in the comments of “part 4”.)
As a successful “Pro Se” litigant in the past, myself, I can see clearly that joining your email list and taking your course will further strengthen my foundation and hone my skills as my own Lawful Representative in these courts of “Legality.” I wish to thank you in advance for the work you have done and continue to do, to help those in need of resources such as your site to gain their footing and stand on their “own two” firmly against the parasitic individuals who merely “practice” the procedures taught in Law School under the presumptuous theatrics commonly mistaken as “perfection” of Law.
God bless you, sister. Rest assured that you have another advocate in spirit and in truth.
Sincerely, in highest regards:
JDG
Sonja Ebron says
James, thanks for your kind comment, and your poetry. I hope you enjoy the free course.
Rob christian says
Great column! Is there an “appeals for dummy’s” for N.J. family court? The judge made obvious judicial errors in motions coming out of a) an enforcement motion I filed against a previous order, AND the same mistake coming from my motion to reconsider. Now it’s off to appeal but it looks daunting. Is there an easy guide? The court has their pro se kit but even that is complicated