What is the first thing I need to check in a court case — criminal or civil?
Check the statute of limitations, if you "out of time" he – or she – can't proceed against you. For example, if you are in Arkansas the statute of limitations is five years for a typical civil 3 case – and your opponent is in Minnesota - statute of limitations six years - the shorter statute of limitations controls. You're home free. Be sure to check the most recent laws on it for your state. Arkansas, for a case we were involved in years ago, had a two year statute of limitations. The attorney our opponents hired had let over 2 years go by and the other side lost a $60,000.00 case that should have been a slam dunk.
What is the first document I need to read?
Actually, there are two. The first is the master docket sheet. Here's how it works. How to read a master docket sheet. The second is the charging instrument – grand jury indictment, or prosecutor's information in a criminal case – or lawsuit, or complaint. The lawsuit will tell you what you are being sued for (you can file a lawsuit or counterclaim as well).
What is the first thing I should ask a criminal defense lawyer I am thinking about hiring?
Have you ever actually won an acquittal in a federal or state criminal case? Most of them haven't. Getting you what he tells you is a "win" does not mean he got you a lighter sentence (which he may have lied about anyway). If you go to trial (about 3% of the criminal cases), you will probably pay a "trial penalty". Eg., the prosecutor offers you five years, you go to trial, the judge gives you fifty (years, not months). Can you beat such a case? If the judge tells the jury; you must obey the law as I give it to you, yes, but it's not a guarantee.
Can I act as my own lawyer?
Yes. In criminal cases the Supreme Court says that you can. Faretta v. California, 95 S. Ct. 2525 (1975) but in the district court only. In federal court, in the appeals court s well, by statute as well.
Can I file motions in addition to what my lawyer submits as well?
Yes, but only if you file (and are granted) a motion for bifurcated representation. It's up to the judge. He has discretion.
How hard is it to be a lawyer?
Not hard. Read Chapter four of my Brown's Lawsuit Cookbook. It will take you about ninety minutes to learn how. The profession of law, in a lot of cases, is vastly overrated. In the 19th century a lot of states would allow people to practice law if they could just read and write, no test to pass. I.e., law in some states was considered unskilled labor.