Tuesday, August 6, 2013

Needs and Wants

What you need is rarely what you wantAs is often the case, I deal with people who have wants out the ying yang.  They want a complaint; they want a motion; they want to win; they don't want to pay money; they want a lawyer; they want (more) money; they want a divorce - or at least they think they want it.  Fact is, regardless of what people say they want, often times, what they want is not what they need.

For instance, I had a young lady come into the library the other day.  She had been sued by someone she had never met for a contract she did not sign and she told me what she wanted was to respond to the Summons with a California Judicial Council Form for an Answer.  While I'm not an attorney and I can't give legal advice, what I can do is guide people to what they need.  What she needed was to demur to the complaint so I casually suggested she take a look in the Combined Index for Witkin Summary of California Law (West) and look under Answer.  I also suggested he take a look at American Jurisprudence Pleading and Practice Forms (West).

Another one?  A guy came to me stating his neighbor has a virtual zoo of all sorts of animals (from vermin to deer) which like to serenade the neighborhood at 3:00AM every night.  Guy is fed up with neighbor's zoo and comes to me saying what he wants is a complaint.  Actually, what he needed was an injunction (and maybe even make a call to animal control) so I suggested he take a look at California Civil Practice: Procedure (West) and Neighbor Law (Nolo Press) and/or maybe take a look at AmJur Proof of Facts (West).

Yep, most times all it takes is a suggestion and people are off and running.  You might say I'm the sandman of legal research (whispering in people's ear).  You might, but I prefer "Librarian."