I was reading an article from the ABA (American Bar Association) Journal today about a pro-se (person who represents themselves) litigant who was faced with a criminal tax evasion charge. Judge Posner a well known federal judge operating out of Chicago gave the man quite a talking to, and the facts are eerily similar to those where pro-se probate litigators go into Palm Beach Probate Court without experienced counsel. Hopefully this article gives some well deserved comic relief but also shows the follies that litigating pro se can bring.
- Posner is presiding over the tax evasion trial of Hakeem El Bey.
- In an order issued on Friday, Posner warns El Bey that he will forfeit the right to represent himself at his March 2 trial if he continues to inject “utterly irrelevant, patently inaccurate, and sometimes unintelligible contentions into this case.” Posner writes that he has already appointed stand-by counsel for El Bey, who despite his arguments, “strikes me as an intelligent person, and he has been unfailingly polite in pretrial conferences.”
- Despite the warning, El Bey has continued to make additional irrelevant arguments, Posner writes. His new court filings assert that the U.S. government owes El Bey $367,500 in “redemption” of damages. El Bey also claims that a Stamp Act treaty with the queen of England had imposed taxes on alcohol and cigarettes, but it “exonerated” Americans of the need to pay all other taxes.
- The funny part to this whole story is that Posner took the time to respond to ElBey’s argument that the Stamp Act had exonerated him of his duty to pay taxes!
- Posner wrote, “The Stamp Act was enacted by the Parliament of Great Britain in 1765,” Posner wrote. “It did not relieve Americans of any taxes; on the contrary, it imposed a comprehensive tax on the use of paper by Americans. The Act was not a treaty between Britain and the federal government of the United States, for there was no United States; there were just the 13 British colonies that 11 years later declared independence from Great Britain. There were no federal taxes that the act could have relieved Americans from having to pay. The sovereign of Britain at the time was a king, not a queen; the king’s wife (Princess Charlotte of Mecklenburg-Strelitz) was Great Britain’s queen but had no governmental authority.”
Apparently Posner was not going to have El Bey be misinformed on his early colonial history.
What can the Florida Probate Litigant take away from all this?
- Don’t go it alone – maybe you are the smartest guy or girl in the world, but in the lawyer game we have a saying that he represents themselves has a fool for a client. I never recommend proceeding on your own, you don’t want to end up looking like this guy. Infact, Posner even said this guy was about to lose that right.
- Creativity only goes so far. Maybe you have some great anecdotes and evidence from Grandpas past to show that will did not reflect his intent, just like the guy here had pre-American deals with England to exonerate him of his duty to pay taxes (he also claimed to be a citizen of a Native American tribe which was found untrue). The point is, if your argument is creative enough, let a lawyer decide!
- Judges do not take kindly to novices. Young lawyers don’t get a break because they are not veterans and neither will you. This is your inheritance that is up for grabs. Don’t leave it to chance.
- You may end up the laughing stock. I don’t just mean how every lawyer who reads the ABA Journal is now laughing at this guy, I mean you may be the relative who lost their inheritance. You may be the testator whose will is invalidated.