We here at Abnormal Use handle a variety of cases, big and small. While it may be the “bet the company” cases that grab the headlines, we have found that small claims court litigation creates the most memorable experiences. With no discovery, no court is less predictable. As you might recall, we have previously offered some helpful observations during our tireless days in the world of small claims. Always at your service, we would like to share a few more of those maxims with you.
1. Check your motion practice at the door. No explanation needed.
2. When the court begins explaining legal principles to a pro se litigant, just go with the flow. If the court addresses the litigant directly, things are going in your favor. Don’t mess it up.
3. Don’t make light of the experience. While some may argue that the appellate level is where “real” lawyering takes place, those people clearly have never stepped foot in a small claims court. The informality of the process can certainly be challenging, but in no other court can a lawyer learn to think on his or her feet in quite such a fashion. Often times, we get so caught up in the rigid rules of litigation that we lose sight of those skills that drove us into the legal field in the first place – creativity, logical thinking, analytics, public speaking. In small claims court, those core skills are your best friend.
Regardless of your number of years of practice, cherish each of your experience in small claims court. At the end of your career, you will find that those experiences are the ones that developed your skills as a lawyer. And, gave you the stories you will remember.