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MichaelDuignanFirstPaper 9 - 12 Apr 2010 - Main.EbenMoglen
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< | It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | >
> | | | | A Guide To Small Claims Court | | | My legal victory was largely the result of imbalances in linguistic ability and cultural familiarity between parties, tilted in my favor. I think my pro se experience underscores an important purpose lawyers serve -- to level one corner of the playing field so clients have a fighting chance before they enter the courtroom (or better yet, so they don't have to enter the courtroom). If either of us had contacted one, maybe we could have saved ourselves both time and trouble. | |
>
> | I'm surprised at your
conclusion. You appear to have sued on your debt to judgment, levied
execution and collected the whole sum in about the shortest time
possible, with little friction of any kind and no overhead. How you
could have saved either time or money by consulting and paying
counsel I do not see at all.
Nor do I see why you feel that you were too hard on the defendant.
She had plenty of opportunity to do right by you before you sued.
Tenant security deposits are special objections of legal solicitude,
and they nonetheless are a disproportionate contributor to the
societal dispute level. Your concern for her relationship to her
bank is misplaced. In the first place, unless she is a much larger
small business than you let on, her chances of actually having a
"lender" rather than just a place where she keeps a bank account are
small. Below $2 million/year in gross sales, even small business
credit cards, let alone small business lines of credit, are simply
not available. Liens are an administrative annoyance for banks,
which is why they tend to over-respond and force the account-holder
to straighten it out by freezing the account. But you won't have
caused them to call her loans. Yes, the language barrier had
something to do with why she defaulted, in all probability, but she
does business in the city on limited English, and she could have
managed in court, too.
I think the most promising line of revision is to look more deeply
into your own ambivalence about your actions. Intuition tells me
that's where something interesting is to be found. | | | | |
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< |
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" on the next line:
# * Set ALLOWTOPICVIEW = TWikiAdminGroup, MichaelDuignan
Note: TWiki has strict formatting rules. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of that line. If you wish to give access to any other users simply add them to the comma separated list | >
> | | | | \ No newline at end of file |
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MichaelDuignanFirstPaper 8 - 26 Feb 2010 - Main.MichaelDuignan
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | | | -- By MichaelDuignan - 24 Feb 2010 | |
<
< | A case of personal indignation | >
> | Using the court to right a wrong | | | "As a litigant, I should dread a lawsuit beyond almost anything short of sickness and death." - J. Learned Hand | |
<
< | I have been party to a civil lawsuit only once. Though the stakes were insignificant, and the venue as plebeian as there is in Manhattan, the experience affirmed that judicial outcomes can have more to do with the parties to the suit than the facts or the law as applied to them. | >
> | I have been party to a civil lawsuit only once. Though the stakes were insignificant, and the venue as plebeian as one can find in Manhattan, the experience affirmed that judicial outcomes can have more to do with the parties to the suit than the facts or the law as applied to them. | | | | |
<
< | Using the court to right a wrong | >
> | A case of personal indignation | | | | |
<
< | Six years ago, I moved to New York to begin a life after college. With haste, I secured a sublease in Brooklyn until I could afford my own lease in Manhattan. Three months later, I found a flat, and gave my sublessor notice of my departure. I expected the return of the security deposit I had paid upon moving in. When moving day came, she explained that she would only be able to reimburse half of my deposit. She assured me the other half would come soon. As we had become friends during my stay there, I trusted her to repay me and moved on. | >
> | Six years ago, I moved to New York to start a life after college. With haste, I secured a sublease in Brooklyn until I could afford my own lease in Manhattan. Three months later, I found a flat, and gave my sublessor notice of my departure. I expected the return of the security deposit I had paid upon moving in. When moving day came, she explained that she would only be able to reimburse half of my deposit. She assured me the other half would come soon. As we had become friends during my stay there, I trusted her to repay me and moved on. | | | | |
<
< | A year later, I was still without the money. I was amazed at the efficacy with which she had dodged my requests. I did manage to corner her once, offering her a monthly payment plan to draw down her debt, but after a single payment, she again disappeared. I almost let her get away with it too; my parents had each run their own businesses, and I empathized as she was a small-business owner of modest means. However, once I learned she had taken in sublessees after me who each had their deposits reimbursed in full, any empathy quickly turned to antipathy. | >
> | A year later, I was still without the money. I was amazed at the efficacy with which she had dodged my requests. I did manage to corner her once, offering her a monthly payment plan to draw down her debt, but after a single payment, she again disappeared. I almost let her get away with it too; my parents had each run their own businesses, and I empathized with the fact that she was a small-business owner of modest means. However, once I learned she had taken in sublessees after me who each had their deposits reimbursed in full, any empathy quickly turned to antipathy. | | | Filing with the court | |
<
< | I took the train to the Centre Street Courthouse during my lunch break. Three hours and $15 later, I had a date to reappear at 7 p.m. on Wednesday, February 23, 2005 to plead my case before the Small Claims Part of the Civil Court of the City of New York (not far from where we met Robinson and his musings on "civilization's pathology"). I remember thinking how convenient the scheduling was -- I could leave directly from the office, and arrive at court already wearing a suit. | >
> | I took the train to the Centre Street Courthouse during a lunch break. Three hours and $15 later, I was set to reappear at 7 p.m. on Wednesday, February 23, 2005 in the Small Claims Part of the Civil Court of the City of New York (not far from where we met Robinson and his musings on "civilization's pathology"). I remember thinking how convenient the scheduling was -- I could leave directly from the office, and would arrive to court already wearing a suit. | | | Preparing for a showdown | |
<
< | I decided not to enlist the aid of a lawyer. For one, I sought damages under $1000, and didn't want transaction costs to cut into my winnings. As well, I felt the facts were in my favor. I had a record of sublease documents, cell phone statements, and emails to prove the defendant had wrongfully skirted her obligation to repay. I didn't bother to look into the nuances of tenancy law. Though I wasn't aware of it at the time, my position was based on promissory estoppel (yet NY tenancy law was too in my favor). But, something else gave me the calm assurance that I would obtain the outcome I desired. | >
> | I decided not to enlist the aid of a lawyer. For one, I sought damages under $1000, and didn't want transaction costs to cut into my winnings. As well, I felt the facts were in my favor. I had a record of sublease documents, cell phone statements, and emails to prove the defendant had wrongfully skirted her obligation to repay. I didn't bother to look into the nuances of tenancy law. Though I wasn't aware of it at the time, my position largely rested on notions of promissory estoppel (yet NY tenancy law was also in my favor). But, something else gave me the calm assurance that I would obtain the outcome I desired. | | | Every case has a turning point | | | | |
<
< | As it turns out, my case was decided long before it ever began. I knew odds of the defendant actually appearing in court were slim to none. As I had come to befriend her, I knew she had not grown up in an English-speaking part of the world, and had only recently come to the United States. Due her tenuous grasp of the English language (of which she was particularly self-conscious) and American custom, I inferred she would be terrified to enter a courtroom. And I was right. | >
> | As it turns out, my case was decided long before it ever began. I knew the odds of the defendant actually appearing were slim to none. As I had come to befriend her, I knew she had not grown up in an English-speaking part of the world, and had only recently come to the United States. Due to her tenuous grasp of the English language (of which she was particularly self-conscious), I inferred she would be terrified to enter a courtroom. And I was right. | | | | |
<
< | Use the court as a means to an end | >
> | Using the court as a means to an end | | | Weeks later, I walked into a midtown branch of the defendant's bank and handed over an information subpoena. That same day, I received a call from the bank stating the defendant had arrived to pay over the damages, which would remove the freeze they had since placed on her account. I was astonished. What I couldn't accomplish in a year I was able to do in mere hours thanks to the backing of the civil court. | | | A lawyer's ability to promote efficient outcomes | |
<
< | Years later, I question the wisdom of my claim. For any charity I was prepared to extend to the defendant before filing, by enforcing the judgment through her bank, I may have actually done her small business harm. Whether or not this had a material effect on her credit rating, it no doubt reflects poorly to be called in by your account manager to settle a judgment levied against your business. What impact this had on her ability to obtain a commercial loan or line of credit thereafter, I will never know. | >
> | Years later, I question the wisdom of my actions. For any charity I was prepared to extend to the defendant before filing, by enforcing the judgment through her bank, I may have actually done her small business harm. Whether or not this had a material impact on her credit rating, it no doubt reflects poorly to be called in by your account manager to settle a judgment levied against your business. What effect this had on her ability to obtain a commercial loan or line of credit thereafter, I will never know. | | | While I like to think Holmes and Cohen would approve of my pre-hearing strategy, I imagine that they and Robinson would probably look down on my execution of relief. I wasted time and effort by going to court and could have likely recovered my deposit sooner and at a lesser cost to all parties. For one, I could have gone to her location after the hearing and threatened to take the judgment to the bank. I would have thereby recovered damages and she would have retained her standing before her lender. Or I could have sought an out-of-court settlement prior to the hearing, saving me time and effort and her the humiliation of not having appeared before the court. |
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MichaelDuignanFirstPaper 7 - 26 Feb 2010 - Main.MichaelDuignan
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| META TOPICPARENT | name="FirstPaper" |
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | | | "As a litigant, I should dread a lawsuit beyond almost anything short of sickness and death." - J. Learned Hand | |
<
< | I have been party to a civil lawsuit only once. Though the stakes were insignificant, and the venue as plebeian as one can find in Manhattan, the experience showed that judicial outcomes can have as much to do with the parties to the suit as they do with facts or the law as applied to them. | >
> | I have been party to a civil lawsuit only once. Though the stakes were insignificant, and the venue as plebeian as there is in Manhattan, the experience affirmed that judicial outcomes can have more to do with the parties to the suit than the facts or the law as applied to them. | | | Using the court to right a wrong | |
<
< | Six years ago, I moved to New York to start my life after college. With haste, I secured a short-term sublease in Brooklyn until I could afford my own lease in Manhattan. Three months later, I found a flat in Chelsea, and gave my sublessor notice of my departure. I expected the return of the security deposit equal to two months' rent I had paid upon moving in. When moving day came, she explained that she would only be able to reimburse half of my deposit. She assured me the other half would come soon. As we had become friends during my stay there, I trusted her to repay me and moved on. | >
> | Six years ago, I moved to New York to begin a life after college. With haste, I secured a sublease in Brooklyn until I could afford my own lease in Manhattan. Three months later, I found a flat, and gave my sublessor notice of my departure. I expected the return of the security deposit I had paid upon moving in. When moving day came, she explained that she would only be able to reimburse half of my deposit. She assured me the other half would come soon. As we had become friends during my stay there, I trusted her to repay me and moved on. | | | | |
<
< | A year later, I was still without the money. I was amazed at the efficacy with which she had dodged my requests. I did manage to corner her once, reaching a compromise to put her on a monthly payment plan, but after receiving a single $100 payment, she again disappeared. I almost let her get away with it too; my parents both ran their own businesses, and I empathized with her position as a small-business owner of modest means. However, once I learned she had taken in sublessees after me who had received their deposits in full, empathy turned to antipathy. I would recover the money not because I desperately needed it, but principle demanded that I do so. | >
> | A year later, I was still without the money. I was amazed at the efficacy with which she had dodged my requests. I did manage to corner her once, offering her a monthly payment plan to draw down her debt, but after a single payment, she again disappeared. I almost let her get away with it too; my parents had each run their own businesses, and I empathized as she was a small-business owner of modest means. However, once I learned she had taken in sublessees after me who each had their deposits reimbursed in full, any empathy quickly turned to antipathy. | | | Filing with the court | |
<
< | I used my lunch break to take the train downtown to the Centre Street Courthouse. Three hours and $15 later, it was settled. I would reappear at 7 p.m. on Wednesday, February 23, 2005 to plead my case before the Small Claims Part of the Civil Court of the City of New York (coincidentally not too far from where we met Robinson and his diagnosis of "civilization's pathology"). I remember thinking how convenient the scheduling was -- I could leave directly from the office, and show up to court already wearing a suit. Perfect. | >
> | I took the train to the Centre Street Courthouse during my lunch break. Three hours and $15 later, I had a date to reappear at 7 p.m. on Wednesday, February 23, 2005 to plead my case before the Small Claims Part of the Civil Court of the City of New York (not far from where we met Robinson and his musings on "civilization's pathology"). I remember thinking how convenient the scheduling was -- I could leave directly from the office, and arrive at court already wearing a suit. | | | Preparing for a showdown | |
<
< | I decided not to enlist the aid of a lawyer. For one, I sought damages under $1000, and didn't want to raise my transaction costs any more than was necessary. As well, I felt the facts were in my favor. I had compiled a record of sublease documents, cell phone statements, and emails to satisfy my burden to prove defendant was wrongfully in possession of money that belonged to me. I didn't bother to look into the nuances of tenancy law. I was essentially basing my position on principles of estoppel (though the relevant tenancy law was in my favor). But I wasn't going to let my case ride on estoppel alone. Something else gave me the calm assurance I would receive the outcome I desired. | >
> | I decided not to enlist the aid of a lawyer. For one, I sought damages under $1000, and didn't want transaction costs to cut into my winnings. As well, I felt the facts were in my favor. I had a record of sublease documents, cell phone statements, and emails to prove the defendant had wrongfully skirted her obligation to repay. I didn't bother to look into the nuances of tenancy law. Though I wasn't aware of it at the time, my position was based on promissory estoppel (yet NY tenancy law was too in my favor). But, something else gave me the calm assurance that I would obtain the outcome I desired. | | | Every case has a turning point | |
<
< | On the evening of my case, I showed up to court, but, alas, my opponent did not. Sat before a plain-clothed magistrate, I was given about one minute to air my grievance before he cut me off to rule on account of defendant's absence. And, like that, I had a court-certified default judgment in my hands. As good as gold. | >
> | On the evening of my case, I showed up to court; alas, the defendant did not. Sat before a plain-clothed magistrate, I was given about a minute to air my grievance before he cut me off to rule on account of the defendant's absence. And, like that, I had a certified default judgment in my hands. | | | | |
<
< | As it turns out, my case was decided long before it ever began. I had known the odds of the defendant actually appearing in court were slim to none. As I had come to befriend the defendant, I knew she had not grown up in an English-speaking part of the world, and had somewhat recently emigrated to the United States. On account of her tenuous grasp of the English language (of which she was particularly self-conscious) and American custom, I inferred she would be terrified to enter a courtroom. And I was right. | >
> |
As it turns out, my case was decided long before it ever began. I knew odds of the defendant actually appearing in court were slim to none. As I had come to befriend her, I knew she had not grown up in an English-speaking part of the world, and had only recently come to the United States. Due her tenuous grasp of the English language (of which she was particularly self-conscious) and American custom, I inferred she would be terrified to enter a courtroom. And I was right. | | | Use the court as a means to an end | |
<
< | Some weeks later, I walked into a midtown branch of defendant's bank and handed over an information subpoena. That same day, I received a call from the bank stating the defendant had arrived to pay over the damages, which would remove the hold they had since placed on her account. I was astonished. What I couldn't accomplish in a year I was able to do in mere hours thanks to the backing of the civil court. | >
> | Weeks later, I walked into a midtown branch of the defendant's bank and handed over an information subpoena. That same day, I received a call from the bank stating the defendant had arrived to pay over the damages, which would remove the freeze they had since placed on her account. I was astonished. What I couldn't accomplish in a year I was able to do in mere hours thanks to the backing of the civil court.
| | | A lawyer's ability to promote efficient outcomes | |
<
< | Years later, enforcing the judgment seem less wise than it appeared at the time. For all the charity I was prepared to extend to the defendant as a small business owner before filing the claim, by enforcing the judgment (as I was legally entitled to do) I was placing a freeze on her small business account. Whether or not this had a material impact on her credit rating, it no doubt looks bad to be called in by your bank account manager to settle a judicial debt levied against your small business. What effect this event might have had on her ability to obtain a commercial loan or line of credit in the future, I will never know. | >
> | Years later, I question the wisdom of my claim. For any charity I was prepared to extend to the defendant before filing, by enforcing the judgment through her bank, I may have actually done her small business harm. Whether or not this had a material effect on her credit rating, it no doubt reflects poorly to be called in by your account manager to settle a judgment levied against your business. What impact this had on her ability to obtain a commercial loan or line of credit thereafter, I will never know. | | | | |
<
< | While I like to think Felix Cohen would approve of my pre-trial strategy, both he and Robinson would probably look down on my execution of relief. I wasted time and effort by going to court and could have likely recovered my deposit a lot sooner than I did, at a lesser cost to all parties. For one, I could have gone to her location and threatened to take the judgment to the bank. I would have thereby recovered damages and she would have retained her standing before her lender. Or I could have tried negotiating an out-of-court settlement prior to the hearing, saving me a lot of time and effort and her the humiliation of not having appeared in court. | >
> | While I like to think Holmes and Cohen would approve of my pre-hearing strategy, I imagine that they and Robinson would probably look down on my execution of relief. I wasted time and effort by going to court and could have likely recovered my deposit sooner and at a lesser cost to all parties. For one, I could have gone to her location after the hearing and threatened to take the judgment to the bank. I would have thereby recovered damages and she would have retained her standing before her lender. Or I could have sought an out-of-court settlement prior to the hearing, saving me time and effort and her the humiliation of not having appeared before the court. | | | | |
<
< | A lawyer's ability to remove -- or at least mitigate -- the variable of the parties | >
> | A lawyer's obligation to mitigate the variable of the parties | | | | |
<
< | My legal victory was largely the result of imbalances in linguistic education and cultural familiarity between parties, tilted in my favor. But I think my pro se experience underscores an important purpose lawyers serve -- to level at least one corner of the playing field so clients have a fighting chance before they enter the courtroom (or better yet, so they don't have to enter the courtroom). By contacting one, maybe I could have saved myself and the defendant both time and trouble. Lesson learned. | >
> | My legal victory was largely the result of imbalances in linguistic ability and cultural familiarity between parties, tilted in my favor. I think my pro se experience underscores an important purpose lawyers serve -- to level one corner of the playing field so clients have a fighting chance before they enter the courtroom (or better yet, so they don't have to enter the courtroom). If either of us had contacted one, maybe we could have saved ourselves both time and trouble. | | | |
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MichaelDuignanFirstPaper 6 - 26 Feb 2010 - Main.MichaelDuignan
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| META TOPICPARENT | name="FirstPaper" |
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | | | "As a litigant, I should dread a lawsuit beyond almost anything short of sickness and death." - J. Learned Hand | |
<
< | I have been party to a civil lawsuit only once. Though the stakes were low, and the venue as plebeian as one can find in Manhattan, the experience colored an impression that judicial outcomes have as much to do with the parties to the suit as they do with facts or the law as applied to them. | >
> | I have been party to a civil lawsuit only once. Though the stakes were insignificant, and the venue as plebeian as one can find in Manhattan, the experience showed that judicial outcomes can have as much to do with the parties to the suit as they do with facts or the law as applied to them. | | | Using the court to right a wrong | |
<
< | Six years ago, I moved to New York to start my life after college. With haste, I signed a short-term sublease in Brooklyn until I could afford my own lease in Manhattan. Three months later, I found a flat, and gave my sublessor notice of my departure. I expected the return of the security deposit equal to two months' rent I had paid upon moving in. When moving day came, she explained that she would only be able to reimburse half of my deposit. She assured me the other half would come soon. As we had become friends during my stay there, I trusted her to repay me and moved on. | >
> | Six years ago, I moved to New York to start my life after college. With haste, I secured a short-term sublease in Brooklyn until I could afford my own lease in Manhattan. Three months later, I found a flat in Chelsea, and gave my sublessor notice of my departure. I expected the return of the security deposit equal to two months' rent I had paid upon moving in. When moving day came, she explained that she would only be able to reimburse half of my deposit. She assured me the other half would come soon. As we had become friends during my stay there, I trusted her to repay me and moved on. | | | | |
<
< | A year later, I was still without the money. I was amazed at the efficacy with which she had dodged my requests. I did manage to corner her once, reaching a compromise to put her on a monthly payment plan, but after receiving a single $100 payment, she again disappeared. I almost let her get away with it too; my parents were both small-business owners, and I empathized with her status as an entrepreneur of modest means. However, once I learned she had taken in sublessees after me who had received their deposits in full, empathy turned to antipathy. I would recover the money not because I needed it, but principle demanded that I do so. | >
> | A year later, I was still without the money. I was amazed at the efficacy with which she had dodged my requests. I did manage to corner her once, reaching a compromise to put her on a monthly payment plan, but after receiving a single $100 payment, she again disappeared. I almost let her get away with it too; my parents both ran their own businesses, and I empathized with her position as a small-business owner of modest means. However, once I learned she had taken in sublessees after me who had received their deposits in full, empathy turned to antipathy. I would recover the money not because I desperately needed it, but principle demanded that I do so. | | | Filing with the court | |
<
< | I used my lunch break to take the train downtown to Centre Street. Three hours and $15 later, it was settled. I would reappear at 7 p.m. on Wednesday, February 23, 2005 to plead my case before the Small Claims Part of the Civil Court of the City of New York (coincidentally not too far from where we met Robinson and his diagnosis of "civilization's pathology"). I remember thinking how convenient the scheduling was -- I wouldn't have to take much time off work and I'd show up to court already wearing a suit. Perfect. | >
> | I used my lunch break to take the train downtown to the Centre Street Courthouse. Three hours and $15 later, it was settled. I would reappear at 7 p.m. on Wednesday, February 23, 2005 to plead my case before the Small Claims Part of the Civil Court of the City of New York (coincidentally not too far from where we met Robinson and his diagnosis of "civilization's pathology"). I remember thinking how convenient the scheduling was -- I could leave directly from the office, and show up to court already wearing a suit. Perfect. | | | Preparing for a showdown | |
<
< | I decided not to enlist the aid of a lawyer. For one, my claim was for less than $1000 in damages, and didn't want to raise my transaction costs any more than was absolutely necessary. I felt, no, I knew the facts were in my favor. I had compiled a record of sublease documents, cell phone statements, and emails corroborating an invariable conclusion that defendant was wrongfully in possession of money that belonged to me. I didn't bother to look into the nuances of tenancy law. I was essentially basing my position on principles of estoppel (though the relevant tenancy law was in my favor). But I wasn't going to let my case ride on estoppel alone. Something else gave me the calm assurance I would receive the outcome I desired. | >
> | I decided not to enlist the aid of a lawyer. For one, I sought damages under $1000, and didn't want to raise my transaction costs any more than was necessary. As well, I felt the facts were in my favor. I had compiled a record of sublease documents, cell phone statements, and emails to satisfy my burden to prove defendant was wrongfully in possession of money that belonged to me. I didn't bother to look into the nuances of tenancy law. I was essentially basing my position on principles of estoppel (though the relevant tenancy law was in my favor). But I wasn't going to let my case ride on estoppel alone. Something else gave me the calm assurance I would receive the outcome I desired. | | | Every case has a turning point | |
<
< | On the day of my case, I showed up to court, but, alas, my opponent did not. Sat before a court-appointed magistrate, I was given about one minute to air my grievance before he cut me off to rule on account of defendant's absence. And, like that, I had a certified default judgment in my hands. As good as gold. | >
> | On the evening of my case, I showed up to court, but, alas, my opponent did not. Sat before a plain-clothed magistrate, I was given about one minute to air my grievance before he cut me off to rule on account of defendant's absence. And, like that, I had a court-certified default judgment in my hands. As good as gold. | | | | |
<
< | It turns out my case was decided long before I ever filed the claim. Whether I admitted it to anyone or not, I knew the odds of the defendant actually appearing in court were slim to none. As I had come to befriend her, I knew the defendant had not grown up in an English-speaking part of the world, and had only recently emigrated to the U.S. On account of her tenuous grasp of the English language (of which she was particularly self-conscious), I inferred she would be terrified to enter a courtroom. And I was right. | >
> | As it turns out, my case was decided long before it ever began. I had known the odds of the defendant actually appearing in court were slim to none. As I had come to befriend the defendant, I knew she had not grown up in an English-speaking part of the world, and had somewhat recently emigrated to the United States. On account of her tenuous grasp of the English language (of which she was particularly self-conscious) and American custom, I inferred she would be terrified to enter a courtroom. And I was right. | | | Use the court as a means to an end | |
<
< | Three weeks later, I walked into a midtown branch of defendant's bank around noon and handed them an information subpoena. By four o'clock, I received a call from the bank stating the defendant had arrived to pay over the damages that would remove the hold on her account. I was astonished. What I couldn't do on my own in one year I was able to do in four hours thanks to the backing of the civil court. "Now that," I thought, "is power." | >
> | Some weeks later, I walked into a midtown branch of defendant's bank and handed over an information subpoena. That same day, I received a call from the bank stating the defendant had arrived to pay over the damages, which would remove the hold they had since placed on her account. I was astonished. What I couldn't accomplish in a year I was able to do in mere hours thanks to the backing of the civil court. | | | | |
<
< | Did principle really determine this case? | >
> | A lawyer's ability to promote efficient outcomes | | | | |
>
> | Years later, enforcing the judgment seem less wise than it appeared at the time. For all the charity I was prepared to extend to the defendant as a small business owner before filing the claim, by enforcing the judgment (as I was legally entitled to do) I was placing a freeze on her small business account. Whether or not this had a material impact on her credit rating, it no doubt looks bad to be called in by your bank account manager to settle a judicial debt levied against your small business. What effect this event might have had on her ability to obtain a commercial loan or line of credit in the future, I will never know.
While I like to think Felix Cohen would approve of my pre-trial strategy, both he and Robinson would probably look down on my execution of relief. I wasted time and effort by going to court and could have likely recovered my deposit a lot sooner than I did, at a lesser cost to all parties. For one, I could have gone to her location and threatened to take the judgment to the bank. I would have thereby recovered damages and she would have retained her standing before her lender. Or I could have tried negotiating an out-of-court settlement prior to the hearing, saving me a lot of time and effort and her the humiliation of not having appeared in court.
A lawyer's ability to remove -- or at least mitigate -- the variable of the parties
My legal victory was largely the result of imbalances in linguistic education and cultural familiarity between parties, tilted in my favor. But I think my pro se experience underscores an important purpose lawyers serve -- to level at least one corner of the playing field so clients have a fighting chance before they enter the courtroom (or better yet, so they don't have to enter the courtroom). By contacting one, maybe I could have saved myself and the defendant both time and trouble. Lesson learned. | | | | |
<
< | The potential for abuse and a lawyer's responsibility to correct for it | | |
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MichaelDuignanFirstPaper 5 - 26 Feb 2010 - Main.MichaelDuignan
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| META TOPICPARENT | name="FirstPaper" |
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | | | Using the court to right a wrong | |
<
< | Six years ago, I moved to New York to start my life after college. With haste, I signed a short-term sublease in Brooklyn until I could afford my own lease in Manhattan. Three months later, I found a flat, and gave my sublessor notice of my departure. I expected the return of the security deposit equal to two months' rent I had paid her upon moving in. When moving day came, she explained that she would only be able to reimburse half of my deposit. She assured me the other half would come soon. As we had become friends during my stay there, I trusted her to repay me and moved on. | >
> | Six years ago, I moved to New York to start my life after college. With haste, I signed a short-term sublease in Brooklyn until I could afford my own lease in Manhattan. Three months later, I found a flat, and gave my sublessor notice of my departure. I expected the return of the security deposit equal to two months' rent I had paid upon moving in. When moving day came, she explained that she would only be able to reimburse half of my deposit. She assured me the other half would come soon. As we had become friends during my stay there, I trusted her to repay me and moved on. | | | | |
<
< | A year later, I was still without the money. I was amazed at the efficacy with which she had dodged my requests. I did manage to corner her once, reaching a compromise to put her on a monthly payment plan, but after receiving a single $100 payment, she again disappeared. I almost let her get away with it too; my parents have both been small-business owners, and I empathized with her status as an entrepreneur of humble means. However, once I learned she had taken sublessees after me who had received their deposits in full, empathy turned to antipathy. I would recover the money not because I needed it, but principle demanded that I do so. | >
> | A year later, I was still without the money. I was amazed at the efficacy with which she had dodged my requests. I did manage to corner her once, reaching a compromise to put her on a monthly payment plan, but after receiving a single $100 payment, she again disappeared. I almost let her get away with it too; my parents were both small-business owners, and I empathized with her status as an entrepreneur of modest means. However, once I learned she had taken in sublessees after me who had received their deposits in full, empathy turned to antipathy. I would recover the money not because I needed it, but principle demanded that I do so. | | | Filing with the court | |
<
< | I used my lunch break to take the train downtown to Centre Street. Three hours and $15 later, it was settled. I would reappear at 7 p.m. on Wednesday, February 23, 2005 to plead my case before the Small Claims Part of the Civil Court for the City of New York (coincidentally not too far from where we met Robinson and his diagnosis of "civilization's pathology"). I remember thinking how convenient the timing was -- I wouldn't have to take much time off work and I'd show up to court already wearing a suit. Perfect. | >
> | I used my lunch break to take the train downtown to Centre Street. Three hours and $15 later, it was settled. I would reappear at 7 p.m. on Wednesday, February 23, 2005 to plead my case before the Small Claims Part of the Civil Court of the City of New York (coincidentally not too far from where we met Robinson and his diagnosis of "civilization's pathology"). I remember thinking how convenient the scheduling was -- I wouldn't have to take much time off work and I'd show up to court already wearing a suit. Perfect. | | | Preparing for a showdown | |
<
< | I decided not to enlist the aid of a lawyer. For one, my claim was for less than $1000 in damages, and didn't want to raise my transaction costs any more than was absolutely necessary. I felt, no, I knew the facts were in my favor. I had compiled sublease documents, cell phone statements, and email histories corroborating the invariable conclusion defendant was wrongfully in possession of money that belonged to me. I didn't bother to look into the nuances of tenancy law. I was essentially basing my position on principles of estoppel (though the relevant tenancy law was in my favor). But I wasn't so foolish as to let the case ride on estoppel alone. Something else gave me the calm assurance I would receive the outcome I desired. | >
> | I decided not to enlist the aid of a lawyer. For one, my claim was for less than $1000 in damages, and didn't want to raise my transaction costs any more than was absolutely necessary. I felt, no, I knew the facts were in my favor. I had compiled a record of sublease documents, cell phone statements, and emails corroborating an invariable conclusion that defendant was wrongfully in possession of money that belonged to me. I didn't bother to look into the nuances of tenancy law. I was essentially basing my position on principles of estoppel (though the relevant tenancy law was in my favor). But I wasn't going to let my case ride on estoppel alone. Something else gave me the calm assurance I would receive the outcome I desired. | | | Every case has a turning point | |
<
< | On the day of my case, I showed up to court, but, alas, my opponent did not. Sat before a court-appointed magistrate, I was given about a minute to air my grievance before the court cut me off to rule on account of defendant's absence. And, like that, I had a certified default judgment in my hands. As good as gold. | >
> | On the day of my case, I showed up to court, but, alas, my opponent did not. Sat before a court-appointed magistrate, I was given about one minute to air my grievance before he cut me off to rule on account of defendant's absence. And, like that, I had a certified default judgment in my hands. As good as gold. | | | | |
<
< | It turns out my case was decided long before I ever filed the claim. Whether I admitted it to anyone or not, I knew the odds of defendant actually appearing in court were slim to none. As I had come to befriend her, I knew the defendant had not grown up in an English-speaking part of the world, and had only recently emigrated to the U.S. On account of her lesser grasp of the English language (of which she was particularly self-conscious), I inferred she would be terrified to enter a courtroom. And I was right. | >
> | It turns out my case was decided long before I ever filed the claim. Whether I admitted it to anyone or not, I knew the odds of the defendant actually appearing in court were slim to none. As I had come to befriend her, I knew the defendant had not grown up in an English-speaking part of the world, and had only recently emigrated to the U.S. On account of her tenuous grasp of the English language (of which she was particularly self-conscious), I inferred she would be terrified to enter a courtroom. And I was right. | | | Use the court as a means to an end | |
<
< | Three weeks later, I walked into a midtown branch of defendant's bank around noon with an information subpoena. By four o'clock, I received a call from the bank stating the defendant had arrived to pay over the damages that would remove the hold the bank had placed on her account. I was astonished. What I couldn't do on my own in one year I was able to do in four hours thanks to the backing of the civil court. "Now that," I thought, "is power." | >
> | Three weeks later, I walked into a midtown branch of defendant's bank around noon and handed them an information subpoena. By four o'clock, I received a call from the bank stating the defendant had arrived to pay over the damages that would remove the hold on her account. I was astonished. What I couldn't do on my own in one year I was able to do in four hours thanks to the backing of the civil court. "Now that," I thought, "is power." | | | | |
<
< | Did principle really determine the case? | >
> | Did principle really determine this case? | | |
The potential for abuse and a lawyer's responsibility to correct for it |
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MichaelDuignanFirstPaper 4 - 26 Feb 2010 - Main.MichaelDuignan
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| META TOPICPARENT | name="FirstPaper" |
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | | | Filing with the court | |
<
< | I used my lunch break to take the train downtown to Centre Street. Three hours and $15 later, it was settled. I would reappear at 7 p.m. on Wednesday, February 23, 2005 to plead my case before the Small Claims Part of the Civil Court for the City of New York (coincidentally not too far from where we met Robinson and his diagnosis of "civilization's pathology"). I remember thinking how convenient the timing was -- I wouldn't have to take much time off work and I'd show up to court already wearing a suit. Perfect. | >
> | I used my lunch break to take the train downtown to Centre Street. Three hours and $15 later, it was settled. I would reappear at 7 p.m. on Wednesday, February 23, 2005 to plead my case before the Small Claims Part of the Civil Court for the City of New York (coincidentally not too far from where we met Robinson and his diagnosis of "civilization's pathology"). I remember thinking how convenient the timing was -- I wouldn't have to take much time off work and I'd show up to court already wearing a suit. Perfect. | | | Preparing for a showdown | | | Every case has a turning point | |
>
> | On the day of my case, I showed up to court, but, alas, my opponent did not. Sat before a court-appointed magistrate, I was given about a minute to air my grievance before the court cut me off to rule on account of defendant's absence. And, like that, I had a certified default judgment in my hands. As good as gold.
It turns out my case was decided long before I ever filed the claim. Whether I admitted it to anyone or not, I knew the odds of defendant actually appearing in court were slim to none. As I had come to befriend her, I knew the defendant had not grown up in an English-speaking part of the world, and had only recently emigrated to the U.S. On account of her lesser grasp of the English language (of which she was particularly self-conscious), I inferred she would be terrified to enter a courtroom. And I was right. | | | Use the court as a means to an end | |
>
> | Three weeks later, I walked into a midtown branch of defendant's bank around noon with an information subpoena. By four o'clock, I received a call from the bank stating the defendant had arrived to pay over the damages that would remove the hold the bank had placed on her account. I was astonished. What I couldn't do on my own in one year I was able to do in four hours thanks to the backing of the civil court. "Now that," I thought, "is power." | | | Did principle really determine the case? |
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MichaelDuignanFirstPaper 3 - 25 Feb 2010 - Main.MichaelDuignan
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| META TOPICPARENT | name="FirstPaper" |
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | |
<
< | Working Title: A Guide To Small Claims Court | >
> | A Guide To Small Claims Court | | | -- By MichaelDuignan - 24 Feb 2010 | |
<
< | The naive view: Using the court to right a wrong | >
> | A case of personal indignation | | | "As a litigant, I should dread a lawsuit beyond almost anything short of sickness and death." - J. Learned Hand | |
<
< | I have been party to a civil lawsuit only one time. Though the stakes were about as low as they could go, and the venue about as prosaic as one can find on the isle of Manhattan, the experience has colored an impression that judicial outcomes have as much to do with the parties to the suit as they do with the facts of the case or the law as applied to them. | >
> | I have been party to a civil lawsuit only once. Though the stakes were low, and the venue as plebeian as one can find in Manhattan, the experience colored an impression that judicial outcomes have as much to do with the parties to the suit as they do with facts or the law as applied to them. | | | | |
<
< | Take the plunge, and sink or swim | >
> | Using the court to right a wrong | | | | |
<
< | Six years ago, I moved to New York to pursue my adult life after college. With haste, I found a short-term, informal sublease in Brooklyn until I could afford a long-term apartment lease in Manhattan. After two months, I secured a lease, and gave the sublessor 30-days notice of my departure. At the time, she had in her possession my security deposit equal to two months' rent. When moving day came, though I had given her no justifiable excuse to retain my deposit, she explained that she would only be able to reimburse half the deposit. She assured me that the other half would come soon. As we had become friends during my stay there, I trusted her to repay me and moved on. | >
> | Six years ago, I moved to New York to start my life after college. With haste, I signed a short-term sublease in Brooklyn until I could afford my own lease in Manhattan. Three months later, I found a flat, and gave my sublessor notice of my departure. I expected the return of the security deposit equal to two months' rent I had paid her upon moving in. When moving day came, she explained that she would only be able to reimburse half of my deposit. She assured me the other half would come soon. As we had become friends during my stay there, I trusted her to repay me and moved on. | | | | |
<
< | Almost a year later, I was still asking her for that money. She had ducked and dodged my requests with alarming efficiency. I had managed to corner her once, being generous enough to place her on a monthly payment plan, but even that she soon found a way to skirt. I almost let her get away with it too; as both my parents are small-business owners, I empathized with her status as an entreprenuer of humble means. However, once I discovered other sublessees after me had come and gone from her flat and received their security deposits in full, empathy turned to antipathy. I was going to recover the money not because I needed it, but because principle demanded that I do so. | >
> | A year later, I was still without the money. I was amazed at the efficacy with which she had dodged my requests. I did manage to corner her once, reaching a compromise to put her on a monthly payment plan, but after receiving a single $100 payment, she again disappeared. I almost let her get away with it too; my parents have both been small-business owners, and I empathized with her status as an entrepreneur of humble means. However, once I learned she had taken sublessees after me who had received their deposits in full, empathy turned to antipathy. I would recover the money not because I needed it, but principle demanded that I do so. | | | | |
<
< | The cost vs. benefit of going to trial
Filing with the court | >
> | Filing with the court | | | | |
>
> | I used my lunch break to take the train downtown to Centre Street. Three hours and $15 later, it was settled. I would reappear at 7 p.m. on Wednesday, February 23, 2005 to plead my case before the Small Claims Part of the Civil Court for the City of New York (coincidentally not too far from where we met Robinson and his diagnosis of "civilization's pathology"). I remember thinking how convenient the timing was -- I wouldn't have to take much time off work and I'd show up to court already wearing a suit. Perfect. | | | Preparing for a showdown | |
>
> | I decided not to enlist the aid of a lawyer. For one, my claim was for less than $1000 in damages, and didn't want to raise my transaction costs any more than was absolutely necessary. I felt, no, I knew the facts were in my favor. I had compiled sublease documents, cell phone statements, and email histories corroborating the invariable conclusion defendant was wrongfully in possession of money that belonged to me. I didn't bother to look into the nuances of tenancy law. I was essentially basing my position on principles of estoppel (though the relevant tenancy law was in my favor). But I wasn't so foolish as to let the case ride on estoppel alone. Something else gave me the calm assurance I would receive the outcome I desired. | | | Every case has a turning point | |
<
< | Taking a step back: Using the court as a means to an end | >
> | Use the court as a means to an end | | | | |
<
< | Did principle really determine the outcome of the case? | >
> | Did principle really determine the case? | | | | |
<
< | The potential for abuse and a responsibility to correct or account for it | >
> | The potential for abuse and a lawyer's responsibility to correct for it | | |
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MichaelDuignanFirstPaper 2 - 24 Feb 2010 - Main.MichaelDuignan
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<
< | | | | It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | | | It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | |
<
< | Paper Title | >
> | Working Title: A Guide To Small Claims Court | | | -- By MichaelDuignan - 24 Feb 2010 | |
<
< | Section I | >
> | The naive view: Using the court to right a wrong
"As a litigant, I should dread a lawsuit beyond almost anything short of sickness and death." - J. Learned Hand
I have been party to a civil lawsuit only one time. Though the stakes were about as low as they could go, and the venue about as prosaic as one can find on the isle of Manhattan, the experience has colored an impression that judicial outcomes have as much to do with the parties to the suit as they do with the facts of the case or the law as applied to them.
Take the plunge, and sink or swim
Six years ago, I moved to New York to pursue my adult life after college. With haste, I found a short-term, informal sublease in Brooklyn until I could afford a long-term apartment lease in Manhattan. After two months, I secured a lease, and gave the sublessor 30-days notice of my departure. At the time, she had in her possession my security deposit equal to two months' rent. When moving day came, though I had given her no justifiable excuse to retain my deposit, she explained that she would only be able to reimburse half the deposit. She assured me that the other half would come soon. As we had become friends during my stay there, I trusted her to repay me and moved on.
Almost a year later, I was still asking her for that money. She had ducked and dodged my requests with alarming efficiency. I had managed to corner her once, being generous enough to place her on a monthly payment plan, but even that she soon found a way to skirt. I almost let her get away with it too; as both my parents are small-business owners, I empathized with her status as an entreprenuer of humble means. However, once I discovered other sublessees after me had come and gone from her flat and received their security deposits in full, empathy turned to antipathy. I was going to recover the money not because I needed it, but because principle demanded that I do so. | | | | |
<
< | Subsection A | >
> | The cost vs. benefit of going to trial | | | | |
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< | Subsub 1 | >
> | Filing with the court | | | | |
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< | Subsection B | | | | |
>
> | Preparing for a showdown | | | | |
<
< | Subsub 1 | | | | |
>
> | Every case has a turning point | | | | |
<
< | Subsub 2 | | | | |
>
> | Taking a step back: Using the court as a means to an end | | | | |
<
< | Section II | >
> | Did principle really determine the outcome of the case? | | | | |
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< | Subsection A | | | | |
<
< | Subsection B | >
> | The potential for abuse and a responsibility to correct or account for it | | |
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MichaelDuignanFirstPaper 1 - 24 Feb 2010 - Main.MichaelDuignan
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
Paper Title
-- By MichaelDuignan - 24 Feb 2010
Section I
Subsection A
Subsub 1
Subsection B
Subsub 1
Subsub 2
Section II
Subsection A
Subsection B
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" on the next line:
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