Nov 7, 2017

HELP!!

The challenge is no longer getting the information “out there.” The challenge is getting the job done by creating lawsuits, discovery and motions that will get actual traction in court. We need to BE good not just sound good.

What we are seeing is that errors in procedure and substance are being made clouding the message essential for the court to recognize a homeowner’s defenses.

AND what we are hearing is that pro se litigants and lawyers need a central place to go for forms and “ghostwriting”. I have been doing that for nearly 11 years but it is time to step up our game.

So I have assembled a pretty good crew of paralegals who have agreed in principal to provide services to consumers, especially homeowners, in litigation or approaching litigation. We have created excellent forms for Chain of Title Analysis and discovery like these interrogatories that can be used as a form or which can be tailored to your case.

see Florida First Set of Interrogatories

STAY WITH ME HERE. I need your input!

So on behalf of the group I am creating templates out of our past forms that we have actually used in successful litigation with edits of course to keep up with recent case law.

Here is the challenge: the above form can be used in its template form, changing names and inserting case numbers and the correct style BUT it is apparent that when people do that  they usually get lost in the details and either ask an irrelevant question in their case or worse make an admission accidentally that works against them.

So the answer seems obvious. Let people hire us to prepare discovery, motions etc. for their litigation cases whether they are lawyers or pro se litigants. Each case has differences that needs to be reflected in the discovery requests, motions and so forth. This means the writer must take the time to analyze your case sufficiently so that the parties are correctly identified and the right wording is used in whatever document they are preparing.

If a lawyer were retained to do this work, the interrogatories shown above would actually require at least one hour of file analysis and one hour drafting —- despite the apparent brevity of the document. This would cost at least $500 for even the youngest lawyers. So what happens is that since the lawyer is NOT getting paid to do original documentation, the case suffers.

The solution, I think is to either charge $75 for each form like the above interrogatories as a form or guide or template — or charge $150 for a paralegal to do it up right. This puts the the homeowner in position to apply the most pressure on the banks without breaking the homeowner’s  bank account. 

The question is whether this is a business model that will actually work. I don’t have enough money to be wrong. So please send your comments or response to NEILFGARFIELD@HOTMAIL.COM. 

Feel free to use the above form but in all cases check with local counsel as to both form and content and  the timing and method of filing and service.