Does anyone have advice for dealing with belligerent pro se litigant plaintiffs? Obviously as defense counsel I can’t give legal advice, but then that leads to a lot of misunderstandings on his part about procedure, discovery, etc, and then he accuses me of being a liar or withholding things. He also emails me at least once a day telling me what his “rights” are. The court so far has been very easy on him, so he has a lot of confidence in his case. It’s just mentally draining, so any advice?

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Omg. This. Don’t have to deal with pro se plaintiffs often, but when I do, it is the thing that makes me want to leave the practice of law faster than anything else 😖 I just keep all my communications in writing and try to maintain the moral high ground and extend whatever courtesies I can so that when I inevitably need to move to compel or for other relief, I can show that I’ve given the pro se every opportunity to make a case. Good luck. I agree- mentally draining.

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Honestly, it’s just so helpful knowing other people share this frustration!

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Just deal with it until you can file an MSJ. Then focus on only your argument. Don't respond to his crazy arguments. Often the court will let them go just so they feel heard. But at the end of the day have to follow the law.

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See if they have filed other cases and been declared a vexatious litigant or if you can move to have them recognized as a VL. Once they have VL status their complaints are typically reviewed for sufficiency at the outset.

If they haven’t filed for in forma pauperis/waiver of fees yet, find an appropriate way to make them aware that they can do that IF you are in a jurisdiction that reviews the complaint for sufficiency before granting IFP/fee waivers. If not then you’re just making it easier for them to file motions and more complaints because it will be free for them, which is annoying, but you can use these filings for a VL petition later.

If you know the applicable rules/code of civil procedure you can run circles around pro se litigants even with the benefit given to them by judges. In my state an award of attys fees is mandatory if a party files a motion to compel discovery responses and the opposing party later responds or is ordered by the court to respond. Ive gotten awards of almost 10k against in forma pauperis pro se litigants for failure to respond to discovery, which I then leverage for walkaways.

In all cases serve ROGS/RPDs/RFAs early, schedule the depo early (they miss these half the time and destroy their case the other half), and start drafting that MTC/SJ motion. Always ask for a doc they haven’t produced and hold the depo open (which you probably do anyway for early depos).

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Since the pro se Plaintiff is not savvy in litigation, courts have been shown to be patient with them by directing them to legal aid or forms online. I have dealt with a few pro se Plaintiffs and it was an unpleasant experience both times. One was a paralegal who had “tons of legal experience” and the other was a conspiracy person who filed a Complaint with rogue and non causes of action.

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I have one now. Agree everything in writing. Courteous and always take the high ground.

My guy doesn’t know Sh*t but thinks he does. Takes all my arguments personally and claims (in open court) to have filed a bar complaint against me.

Remember this, in front of the Judge, the most reasonable person wins.

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