The Perils of Being a Vexatious Litigant: How to Play the Long Game
In the legal world, a pro se litigant—or a power of attorney acting on their behalf—often faces a unique challenge. Lawyers, particularly those who engage in "dirty" tactics, may frequently accuse self-represented individuals of being a "vexatious litigant" simply for making them do their work. This accusation is a serious charge that can have severe consequences for your legal proceedings. To avoid being labeled as such, it is crucial to understand what this charge entails, how to defend against it, and the importance of acting appropriately from the very beginning of the litigation process.
What Is a Vexatious Litigant?
A vexatious litigant is someone who is accused of engaging in frivolous, vexatious, or meritless actions, or of engaging in harassing conduct. A lawyer on the opposing side will often claim that a self-represented litigant's actions are harassing them and their client, causing the client to incur additional expenses. This charge is often used as a procedural tactic to shut down litigation rather than addressing the case on its merits. To bring this charge, a lawyer can file an application, motion, or petition and must provide proof to support their claim.
The Importance of Proper Conduct
From the outset, it is essential for a self-represented litigant to act with the "utmost politeness" and "cordiality". This is because your behavior will eventually be put on trial. You must be careful to only say things that are 100% accurate and to ensure that all your actions in the legal process are "100% legitimate". This involves following all court rules, regulations, and norms precisely, meeting all deadlines, and being respectful at all times. Playing the "long game" requires you to be appropriate at every step of the litigation.
Your Behavior on Trial
When an opposing lawyer formally charges you with being a vexatious litigant, they will create an evidentiary record by meticulously examining everything you have written or filed since the legal action began. They may accuse you of being "verbose" by writing more than necessary, or "vexatious" by going off-topic and discussing irrelevant matters. They might also claim you are "litigious" by filing more motions, petitions, or applications than needed to resolve the dispute. Your defense against these accusations is to demonstrate that you have acted appropriately. You must be prepared to explain to a judge why every email, letter, or document was necessary and had a specific purpose.
The Power of a Strong Defense
Your defense is the truth, and your ability to argue your case effectively. Every letter, motion, application, and petition you have filed must be on point and have a purpose. The court system is premised on natural law, which gives you the right to be heard, to face your accuser, and to examine the evidence against you. By acting appropriately and demonstrating that the other side is not, you can build a strong defense against their false claims. For example, if the other side makes vague claims, you have the right to file a "demand for particulars," which is a formal document demanding specific details. This shows you are following the proper legal process to seek clarification, not being vexatious.
The Consequences of Being Found Vexatious
If a judge finds you to be a vexatious litigant, the consequences are severe. The judge may order that you must ask for "leave of the court" (permission) before filing any future documents. This means you would have to file a motion just to get permission to file another motion. This effectively slows down the entire process to a "snail's pace" and overloads you with paperwork, as you must justify every single thing you wish to submit to the court. The opposing side will then have the opportunity to argue against every word you attempt to enter into the record. This is a "dirty trick" that lawyers use to gain a procedural advantage.
In conclusion, it is critical for any pro se litigant or power of attorney to be aware of the "dirty tricks" lawyers may employ, particularly the charge of being a vexatious litigant. To protect yourself, you must be "impeccable" and "beyond reproach" in your conduct from the very beginning. This means being polite, respectful, and reserved in your writing, focusing only on what is relevant to winning the case. By consistently acting appropriately and adhering strictly to the rules of court, you can ensure that when the inevitable trial on your behavior comes, the opposing side will have no evidence to use against you, and their accusations will prove to be frivolous themselves.