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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6775
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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If I'm representing myself in a civil lawsuit, do I speak in

Customer Question

If I'm representing myself in a civil lawsuit, do I speak in third person when preparing the petition? I know that's a dumb question but I've got a petition in Kansas already prepared by an attorney for a number of torts commited against me by the trustees of my family trust, and I need to basically transfer that petition to over to a separate lawsuit to be filed in Missouri. However, I'm going to do that myself. It's a Missouri trust so I have to file there in order to affect change, the claims are basically the same but instead of pointing to a Kansas law for each individual claim, I'm going to state "breach of fiduciary duty". It's a long petition and my attorney speaks for me... Can I basically cut and paste it or do most people lay out their story in first person? Dumb question I know... But I would look pretty bad if I was wrong here.
Submitted: 2 months ago.
Category: Legal
Expert:  RobertJDFL replied 2 months ago.

Thank you for using Just Answer. I look forward to helping you today.

Yes, you do use third person when referring to yourself. For example "Plaintiff entered into the contract with Defendant, John Jones, on February 13, 2014." You wouldn't say "I entered into a contract with the Defendant on February 13, 2014."

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Customer: replied 2 months ago.
That makes this much easier, do you have any recommendations as to what laws I would refer to in Missouri for establishing jurisdiction and venue? My grandfather lived in Kansas City, mo when he created the trust and he passed away there too. I'm assuming that just about anywhere in Missouri would be able too hear my arguments since it's a Missouri trust"... Am I wrong? You wouldn't happen to have any links to a template or examples of lawsuits filed in MO for breach of fiduciary duty and intent on replacing trustees would you? I also need to modify a few things, they changed parts of the trust that they didn't have a right to change and I need to have that reversed.
Expert:  RobertJDFL replied 2 months ago.

You would file in the county where he lived. I'm sorry, but I don't have any such documents. What you're asking for is very specific -you're not likely to find a template for that. Most legal pleadings don't have templates, unfortunately.

Customer: replied 2 months ago.
Ok, do you have any direction as to what I might include when filing in Jackson county MO?
Expert:  RobertJDFL replied 2 months ago.

Every case is going to be different based on the facts and circumstances. Without knowing specifics of the case, and looking through everything there's no way to thoroughly and properly answer that.

I'll opt out though in favor of other experts. Perhaps there is a MO expert on the site who has some suggestions.

Customer: replied 2 months ago.
Ok, I've received a couple of examples of MO suits before relating to trust, I could use a few more. Anything relating to replacing the trustees of a Missouri trust due to breach of fiduciary duty and reckless bad faith would be nice, my signature was forged in a number of notifications, the trustees have enjoyed personal use of assets owned by the trust while excluding beneficiaries (real estate primarily), and the torts from Kansas are truly disturbing. They include false imprisonment, tottious interference with a contract, intentional infliction of emotional distress, abuse of process, and one heck of a defamation claim. There are also some questionable changes made to the trust that I'll need to have reversed. They were clearly made against the wishes of the grantor.
Expert:  Irwin Law replied 2 months ago.

Hello. Another expert here, and I will try to assist you in with your detailed question; however, this question and answer format is not conducive to the type of question that you have submitted. There are far, far too many facts and variables involved. Therefore, I will offer you our Premium Service of a telephone consultation. The cost will be considerably more than you have offered. Please keep in mind that the hourly rate for a skilled probate/trust attorney can be $350 and up. From all of the allegations that you wish to make, a 2 to 3 hour initial conference would not be out of question. The premium service offer from just answer will be merely a fraction of that kind of charge. I will also the online only for the next hour and a half, so if you accept the offer for the phone call, it will have to be later tonight or tomorrow morning.

Customer: replied 2 months ago.
I think I've found somebody to help me with the Missouri case, so I'll ask you another question. I file the Kansas lawsuit with my attorney but we did not serve it in hopes that the case would settle, at least that's what my attorney said at the time. Immediately after filing, the trustees sent me an eviction notice. My attorney thought that we could easily have that decision consolidated with a larger case or else overturned all together because I had a text message from a trustee that said "just don't Sue and you won't be evicted", and From what I understand Kansas law says that you cannot evict a tenant in retaliation. That seemed pretty obvious so fast forward over the next month and I've probably asked my attorney to serve the petition at least a dozen if not more times. He finally told me that they had agreed to except service and that I didn't have to worry about it any longer. so fast forward another few weeks, four days before service is due and one day before the eviction hearing my attorney calls me up and says that the defendants had not agreed to except service and that I had no choice but to consent to the eviction in exchange for an extension on service or else I wouldn't be able to file my case at all. There simply was no time left to serve the defendants so I had no choice but to agree and the eviction was closed by consent judgment. After that I had to threaten my attorney to hold him responsible for any missed dates just to get him to serve the petition and he reluctantly did it, it wasn't easy, and now he has just flat out disappeared. I received a notice for his motion to withdraw from my case two days ago and it showed a court date of yesterday at 3 o'clock. I went and was surprised to discover that no motion has been filed by my attorney at all. He's not responding to any of my phone calls or emails and quite frankly it almost looks like he's doing this on purpose. So here I am having consented to this eviction, I've got less than a week and a half to be out of my house I can prove that my attorney was telling me that he was going to fight the eviction well after he had already agreed not to, I can prove fraud upon the court (and upon me), by both parties. They served me with eviction papers that had the wrong date listed and offered a sworn affidavit that was incorrect but that's another story... but what I don't think I can do is talk to the judge about this right now, I do technically still have an attorney on record so if I try to will the judge even entertain me? Is that considered unofficial communications? All I need to do is present these emails and text to the judge to let him know that this wasn't handled correctly and that the evection should be overturned or set aside, or dismissed. But how do I do that? From what I understand if it's an emergency situation, a danger to person or property , Then a judge and sometimes talk directly with the client, is that correct can I just go up to the courthouse with this evidence and talk to somebody up there? Can I write a report with supporting documentation and submit it and hopes that it will get to him, would you recommend a temporary restraining order to allow more time? or what would you advise? I only have a week and a half until they show up in my front door to throw me out there's not a lot of time left .
Expert:  Irwin Law replied 2 months ago.

I am sorry, but due to time constraints I must opt out of this question and open it up so perhaps others can assist you.

Customer: replied 2 months ago.
Ok, or you could answer the original question as best as you can, I just can't afford to take the offer you made for a phone call.

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