Thursday, March 20, 2014

Note to Brett Kimberlin: Pro Se Litigation Works Both Ways

Hogewash is reporting this morning that the federal copyright lawsuit against Kimberlin Unmasked will go forward.  Judge Titus of the federal court accepted Kimberlin's amended complaint, which allegedly identifies the person or persons blogging as Kimberlin Unmasked.  As a result, Judge Titus has ordered the issuance of summons to the defendants.

It's amazing how much a vengeful litigant, acting as his own attorney, can disrupt lives and cost his targets lots of time, money and mental anguish.  Lawsuits are often nothing more than legal extortion, but you have to go through the process of the litigation.  Knowing that the system is grossly flawed won't protect you from the system.  To defend yourself, you need to learn how to use the system.  You must go through the process, no matter how repugnant or fearful it seems to you.  When I was being sued by a ruthless POS plaintiff, I kept this little piece of verse in mind:

Have you come to that Red Sea time in your life,
When in spite of all you can do,
There is no way out, there is no way back,
There is no other way but through.

Face the lawsuit with determination to win it.

To escape financial ruin, you may need to learn how to become a pro-se litigant, to defend yourself from lawsuits and to file your own lawsuits -- perhaps for malicious prosecution against those plaintiffs who abused the system and lost their lawsuit against you.  (You can also file a counter lawsuit against the plaintiff for wrongs he may have done to you.  Kimberlin Unmasked may have some great reasons to countersue.)

Google "pro se litigants" and you will find numerous resources on how to be a pro se plaintiff or defendant, how to deal with pro se lawsuits against you, and the knowledge and skills you need to carry it all off.  For instance, check here.

I have been a pro se defendant in the federal court system (Ninth Circuit), and won.  My opponent intended to use the court system to ruin me financially, but by firing my attorney and taking over my own case, I denied him that weapon (if you can afford an attorney, use one -- I fired mine because I couldn't meet her demands for up front fees).  The suit cost me time and money, but it cost the plaintiff even more.  Once all their appeals were exhausted, my opponent and his attorney began suing each other, to my sublime delight.

I will begin researching the literature and available resources that are available to those who wish to represent themselves in lawsuits, either as a plaintiff or a defendant.  I will prepare myself to become a pro-se litigant, merely as a defensive measure, if nothing else. 

I'll report back on what I find.


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