<p>Suppose someone or a group of individuals wanted to mount a legal challenge against a formal entity (in this case, a health professional governing body) for failure to adhere to its own clearly stated constitution. Although policies are flexible in nature, the failure to meet their own policies is pretty cut and dry. There’s been a LOT of noise going on in the profession due to this. The governing body has a lawyer on staff and is obviously very well-funded.</p>
<p>What are the odds that a group, if “correct”, could mount a successful legal challenge against the governing body, if they themselves do not use a lawyer? i.e. through careful collection of relevant material/evidence, and a pretty clear-cut case, is it possible that a non-lawyered group can succeed in a legal challenge against a group with a lawyer?</p>
<p>I don’t know enough about law to know if a rational, well-documented “argument” is sufficient to make a successful challenge against a lawyered defense. What’s the take here? I’m aware of the principle of the “law rules” so there will be “perspectives” a lawyer will be able to use that we would not, but the argument we would basically present is one of “common sense”, given the governing body’s own established guidelines.</p>
<p>Unfortunately, this isn’t a legal advice website. Instead, this forum attempts to answer questions about law school and the practice of law generally.</p>
<p>I doubt that any of the practicing lawyers who regularly visit this forum will be able to provide you with assistance in a response to your inquiry in light of the ethical issues involved.</p>
<p>Thanks for your reply. But if you can see, I’m not asking for advice, I’m asking for an opinion. I don’t think my post mentioned anything about ethics. </p>
<p>Is it possible that a non-lawyered group can succeed against a lawyered group, if the non-lawyered group has a reasonable position?</p>
<p>the truth is that you will likely lose, of course anything is possible, but as someone who works in a very successful law firm full time, there is a lot more too it than just a well thought argument.</p>
<p>OK. This is the kind of information that I’d like to hear. I’m not a lawyer so I don’t know the details of this kind of stuff.</p>
<p>I figured there was more to it than a “well thought out argument”. I just wanted to know that there would be a “fighting chance”, or would lawyer-insider-knowledge-of-law basically trump all reason.</p>
<p>Ill just say that it is most likely a waste of your time, of course you have the right to represent yourself, but especially in the circumstance you are talking about it would be really stupid, and also what is the purpose of your lawsuit, because if it is just some sort of to prove a point thing than sure go ahead and try to not retain counsel, but if you are pursuing some sort of damages from the company than it would be wise to seek professional legal assistance.</p>
<p>A non-attorney can only represent himself/herself in court. Representing other members of a group would constitute the practice of law, which is reserved to lawyers.</p>
<p>I have no idea what your issue is but here is a some questions to consider:</p>
<ol>
<li>Do you know how to draft a complaint that will not be dismissed?</li>
<li>Do you know what court or even what state you would need to sue in?</li>
<li>Do you know the arguments against your “clear-cut” position including do you know whether there is any discretionary exercise langauge in the controlling document?</li>
<li>Does the governing body require arbitration or mediation?</li>
<li>Are you familiar with all case decisions relating to your issue?</li>
<li>Do you know how to get documents and testimony into evidence such as do you know the hearsay rule and its exceptions or what a foundation is?</li>
<li>Do you know what evidence to actually look for, e.g., what is relevant to your position and where is it likely to be found?</li>
<li>Do you know how to write a motion or brief with legal argument and citation to legal authorities?</li>
<li>Do you know how to respond to written discovery requests for documents or other information?</li>
<li>Do you know how to prepare written discovery requests for documents or other information to serve on the other side.</li>
<li> Do you know of the costs of the action including what you will need in court reporters, filing fees, witness subpoaena fees?</li>
<li>Do you or ones that will join you have the ability and time to respond to daily communications, discovery requests, motions, court requests etc.?</li>
</ol>
<p>I could ask others but if you cannot immediately answer all of the above yes then you have a significant learning curve to go through if you want to avoid being eaten alive by the other side.</p>
<p>The threshold question is whether you, or anybody in your group, has a claim that can actually be considered by a court. The way you’ve worded your request suggests to me that you don’t really know that. You might want to at least consult a lawyer to find out if you’re completely wasting your time.</p>
<p>I’ll just mention that people do file complaints to governing bodies on their own behalfs without consultation with a lawyer. I know. I’ve done it. Some groups to whom one can address a “complaint” include: a human rights commission, a worker’s compensation board, a consumer protection agency, etc. These complaints are “legal” in nature, although they don’t necessarily get ruled by a singular “judge”. </p>
<p>I’m sorry if my post seemed to necessarily require a legal challenge in a “court”. I’m not restricting my question to that.</p>
<p>There are governmental organizations that deal directly with problems presented to them by public individuals who do not use the aid of lawyers. This is what I’m getting at.</p>
<p>There is usually a back-and-forth of documents/arguments (over several years) as the mediator decides whether to cast a judgment or send it to an arbitrating panel. This is what I’m talking about. They will likely have lawyers. Could I present a reasonable argument without one?</p>