San Francisco, CA asked in DUI / DWI and Personal Injury for New York

Q: Pro se representation

personal injury case. I have an extensive work already done - depositions taken, witnesses asked), an expert hired, medical seen, but haven't done it with the defense lawyer's side on their end. Can I still represent myself with these court procedings instead of going out and hiring an attorney if i were to secure forensic experts as well? I know about "has a fool for a lawyer", but still askin this question??

Also, as an additional question, i see defense tried to rebut" my expert's opinion (as always is), does it make much sense to try to find another expert or not quite? Thank you.

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3 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: You've done a considerable amount of work as a pro se plaintiff, which is commendable. The general rule in our legal system is that people are free to represent themselves. However, one of your options could be to consider arranging a free initial consult with an attorney who handles injury cases. Your file appears to have evolved to a considerable milestone in its progress, and experienced attorneys would likely want to see the file before offering meaningful input at this point. Good luck

Jonathan R. Ratchik agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: Yes, you can still represent yourself if the defendant is represented by counsel. That said, as you are already aware, "A man who is his own lawyer has a fool for a client." Although you were able to adequately represent yourself when the defendant was not represented by counsel, you might find yourself over your head going up against a seasoned attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Almost all of them offer free initial consultations.

With regard to hiring a new expert, you might want to first discuss the defendant's arguments with your current expert and see how he or she responds to them. Are they valid arguments or without merit? Are they specific to your expert or to the case itself (in which case a "new" expert may not make a difference).

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: Addendum...

My colleague raises good points. As an addendum, I'll add this about your mention of the expert. It's common for experts to be challenged. That's one of the issues on which an experienced attorney's trial advocacy skills could be important - it takes skill to support your witness or to impeach the opposition's witness(s) in court through examination. Good luck

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