A Self-Represented Litigant's Guide to the Trivium of Law
Mastering the Art of Courtroom Self-Representation
Becoming a self-represented, or pro se, litigant is a demanding endeavor that requires significant effort and a specific set of skills. While not everyone is naturally inclined toward this path, the necessary mental skills can be developed through diligent work. It requires the ability to think quickly, process and retain large amounts of information, and recall it on demand. When embarking on this journey, it's crucial to avoid being overwhelmed by the entire body of law. Instead, the initial and most important task is to master the specific area of law relevant to your immediate needs, just as a professional lawyer specializes after law school. The rest of the law can be learned as needed.
Becoming a Legal Generalist
While professional lawyers often specialize in one field, a self-represented litigant has the opportunity to become a generalist. A generalist possesses a broad, if superficial, understanding of the law across various areas. This general knowledge is crucial because it enables a person to "connect the dots" between different legal fields and identify patterns that a specialist might miss. For example, a lawyer specializing in family law may lack a deep understanding of criminal law, which could cause them to overlook crucial details in a case. A generalist, however, would be familiar with civil, family, and criminal litigation, as well as the appeals process, allowing for a more comprehensive and interconnected view of legal issues. The goal is to quickly become a generalist and then gain a deeper understanding of specific areas as you progress.
The Trivium Learning Method
To effectively learn the law from the ground up, I adopted a system called the Trivium Method. This method, which used to be a way of teaching people how to learn, has three key parts. First, you take a large, complex body of knowledge and simplify it into a basic theory, reducing it to its most essential elements. This process of simplification allows for a deep understanding of the subject. The second step is to teach your simplified theory to someone else. The final step of the cycle is seeing if the person you've taught can understand the complex subject through your simplified explanation. If they can articulate the core essence of the knowledge, then the cycle is complete, and you can move on to the next topic. This method transforms you from a learner into a teacher and solidifies your own understanding by externalizing the knowledge.
The Three Elements of Law
Through the application of the Trivium Method, I came to understand that law itself is composed of three distinct elements.
1 Common Law: Also known as case law, this element consists of judicial decisions and writings from judges that act as "authorities" on specific legal topics. When researching a particular topic, you will repeatedly encounter a core group of authorities, which can be anywhere from a handful to a hundred writers. This body of work is slow to change and forms the precedent for legal concepts.
2 Statutory Law: This refers to the statutes, acts, and rules of law that codify the decisions made in common law. For court litigation, the rules of court provide the necessary "guardrails," outlining what is and is not permitted, and the proper procedures for carrying out legal actions. These rules dictate the order of operations, from filing a notice of action to handling motions and petitions.
3 Jurisprudence: This is the philosophy of law—the overarching idea behind what the law is trying to accomplish. Understanding jurisprudence clarifies the intent behind the statutes and the decisions of judges. A core concept in British common law, for example, is procedural fairness, which dictates that everyone has a right to be heard. This philosophy ensures the system maintains its legitimacy by appearing rational and just.
Understanding the Court Process
When a case is brought before the court, there are two main components: facts and law. Facts are things that can be proven to be true, such as whether someone is alive or if a specific item exists. These are established through written evidence (affidavit evidence) or verbal testimony. While testimony can be powerful, a witness's performance on the stand—whether they appear nervous or can't keep their story straight—can undermine their credibility. For this reason, crafting strong affidavit evidence is often the most effective way to prove a claim. Once the facts are established through a process of full discovery, the legal arguments begin. The arguments involve applying the law and jurisprudence to the established facts. These three elements—facts, law, and jurisprudence—work together to form the basis for decisions in the British common law system.
The Importance of Efficient Learning
Learning the law effectively requires focus to avoid wasting time on irrelevant topics. It is vital to prioritize learning the elements that are immediately necessary to achieve your current goals. The process of becoming an effective legal researcher and writer is about constantly practicing to improve. The more you read, write, and apply your thinking, the more efficient you become. Over time, you will be able to recall information and references from memory, allowing you to articulate your thoughts clearly and convincingly to the court. By understanding the system and learning efficiently, you can manage your time wisely and develop the legal reasoning skills needed to be successful in court.