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10 Mistakes Pro Se Litigants

Posted by Howard Gutman | Jan 25, 2026 | 0 Comments

There are a limited number of lawyers who handle warranty and consumer fraud claims.  Sometimes, it's necessary to represent yourself, but there are some common mistakes pro ses make.  

1. Papers aren't clear.  I spoke with Jack who put me in touch with Mary, but she wasn't there, then I followed him with Bill who I talked to originally.  Papers need to be clear, ideally reasonably short, and directed to the issues at hand.  Sadly you can lose your claim if the papers are confusing and unclear.  That means,

*Have headings and clear organization, 
* Start out with the important issues first,
* Divide the presentation into paragraphs. 
* Limit the use of all caps or exclamation marks.  


2. Documentation isn't clear.  People rely upon documents.  If a repair is stated to cost 2,600, we should have a document saying that.  Make sure your statements are clear and well-supported. 

3. Relying on the opposing lawyer to accurately state the law. 
The opposing lawyer's job is to help his client escape responsibility.  He's not there to be fair, help you, or impartial state the law or facts and cannot be trusted to do that.  

4.  Interrupting the lawyer or the judge  Courts are designed to address grievances in an organized fashion, A speaks, then B.  Keep good notes, respond to relevant points. 

5. Try to understand the relevant law but limit legal jargon. Be careful about using terms you don't really understand, as it can look silly, if so facto, the res gestae in the matter. 

6. Accurately describe your proofs and don't overstate them.  
 

7. Indicate you're interested in settling the matter.   Judges like settlement and litigants willing to be reasonable so when asked, generally you want to say you're interested in settlement.

8. Negotiation Total all your damages and that should generally be a negotiable figure. Be careful about giving the other side a bottom line figure and then being asked to go down from there. Be aware of potential added damages. 

9. Check AI programs  Many people use AI programs but check the information and try to verify the source.  If it sites a case, read it before including it in a court document. 

10. Have witnesses in court or on call. Many courts will not accept written statements so you want to have witnesses  available to come to court. 
  

About the Author

Howard Gutman

Howard Gutman has been fighting for consumer rights and representing commercial interests for over 20 years. Нe has a deep knowledge of fraud, consumer, warranty, and lemon law, and will handle your case with honesty and experience.

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