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When representing yourself in state appeals court for an EEOC case and two issues were involved, one decided to affirm the circuit court and citing procedural error and the second - the original civil rights issues - were not addressed and called substantive. There was never a hearing although a meeting took place and was called the hearing and decision based on it called it a hearing and there was no motion to dismiss served. The main question I have is can I address the supreme court even though the appeals court ruled on procedural error and can I say it is that I acted my own - though one of the errors was the other side saying they were not served properly and that was not true but was treated as though it were true because my affidavit was not even looked at that said they were mailed a copy per clerk of courts instructions. Question is like murderers get another trial by their attorney saying he messed up the case. Can I say I am getting an attorney for supreme ct. appeal?

Submitted: 325 days and 2 hours ago.
Category: Employment Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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Optional Information

Milwaukee, Wisconsin

Already Tried:
The EEOC case concerning harassment and retaliation was never heard.

A meeting took place that was called a hearing and there was no motion to dismiss served to me - they mailed it a day after what has been called the hearing.

I keep appealing and now after reaching the state appeals court the decision of the circuit court was affirmed for procedural errors.

I want to know if acting on my own (like having an attorney who may have made errors for the case) gives me the right to still have my original issues heard especially if able to find an attorney to represent me.

I do not have the $15.

I am 59 and a career secretary and since losing the job involved in the EEOC case have not been able to find permanent employment.

I start a job on Monday after not working for over a year and sending out hundreds of applications. Lucky for that and so would be able to have the $15 on the first payday which is January 23rd and I need help now.

The decision from the appeals court is dated December 8th, 2008.

I really need an attorney.

I appreciate any help you may offer.

Thank you,
Mary

Answer

When you act pro se (on your own) this is the drawback, you are held to the same standards as an attorney and if you make a mistake you are held liable for it. Since you acted on your own, you cannot argue that you had ineffective assistance of counsel because you were your own counsel (unless you can prove you were mentally incompetent). This is a prime example why people should not handle their own matters, even though they have a right to do so. I have seen it too many times where people insist on representing themselves and end up making errors that are fatal to an otherwise good case and there is very little you will be able to do to correct it. You should hire an attorney for a supreme court appeal, but the attorney would have to argue the other errors not the ones you made.


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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 1/2/2009

Attorney

20+ Years of Employment Law Experience

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