How Can a Minor Get the Right to Sign a Contract

[adjusterjack]

I'm considering taking what I have learned about the process from my lawyer, and now doing it without her just due to the scheduling conflicts I can not work around. What are your opinions on this course of action?

I like the idea. If the lawyer that YOU pay, who works for YOU, cannot accommodate YOU, then fire him and use everything he taught you.

Without a lawyer will the judge be willing to even consider my case?

He'll have no choice but to "consider" it once the petition is filed and it gets into the system. Whether he grants it is another story but I don't think not having a lawyer is going to be an issue. These days judges are used to seeing self represented people in their courtrooms.

Will a lack of courtroom experience leave me unprepared for the hearing?

I don't think so. My impression of you from reading your posts is that you are intelligent, well spoken, and certainly have above average writing skills. Demonstrating all that to a judge may work to your advantage.

Make sure your petition is well written, covers all the issues, and is accompanied by appropriate documentation where necessary. When you are in court, make sure you and your "next friend" are dressed in a businesslike manner and are well groomed. Remove any piercings (if either of you have any), wear clothing that covers tattoos (if any of you have any), be respectful of the judge.

I suggest you see if there is a similar petition coming up on the court docket and go in an watch how it plays out. That would be an extremely valuable lesson in court procedure. And if there isn't a petition for the removal of minority coming up, sit in on any civil matter to see how the participants and lawyers interact with the judge and court personnel.

Is there another way of handling this problem that you would recommend?

Other than finding a place where somebody will take a chance on renting to your or maintaining the status quo, I think it's time for you step into the light.

Feel free to send me a private message with the wording of your petition if you'd like some comments about it.

[WhatDoYouSay]

Didn't you say that your mother would file the petition ? What happened with that ?

My mother is bipolar. Her stance in this has changed from being for it, against it, to trying to win me over and putting me in a situation where I was forced to rely on her, then abruptly changing her stance so that while she doesn't want me to be emancipated she won't let me rely on her, and at my most recent check the wheel had landed on being amicable to supporting me but of course I'm also not even staying with her right now (not entirely sure where I'm staying to be quite honest). It changes quite a lot. I wouldn't mind relying on her but her housing/living conditions alone make it so that's not a viable option, and even just within the past 6 months she has repeatedly lured me in to relying on her for very specific things, then using this against me and a way to make it so that I never am in a stable position.

The most recent example would be that she had been taking me to counseling up until I called her the night before to confirm plans, and was informed she wasn't doing anything of the sort for me because I had decided I wanted to be emancipated. Had she told me sooner, I could have made other arrangements, or at least not had to cancel on the counselor at the last minute so rudely. It wasn't her "treating me as an adult", which would include, in my opinion, being very forward, and honest in what she was and wasn't willing to do for me from the get go, rather than waiting until the opportune moment to make it a power play, but it was her attempting to exert control. Ironically, in that same conversation she lamented to me that it's my fault she's unreliable because I won't "let her" parent me (last I checked that wasn't the child's choice) all while demonstrating exactly why I can't rely on her, even when I give her the opportunity to prove she is reliable.

[cdwjava]

Uh ... the OP is a minor. I am not 100% certain, but, I would not think the minor child can act in court pro se. Unless counsel can somehow be provided, or another adult can stand with the OP, the court may not be willing to entertain the motions of an unrepresented minor.

[Mr. Knowitall]

While Oklahoma's statute pertaining to minors as parties to litigation generally requires that a minor appear through an adult representative (guardian, conservator, next friend, guardian ad litem), it contains the provision that a court may "make such other order as it deems proper for the protection of the infant" in lieu of appointing a guardian ad litem. I would expect, nonetheless, that courts are going to want the involvement of an adult as a matter of course, as to allow for the minor's self-representation without adult guidance would create a significant risk of a case being overturned on appeal in the event of a ruling adverse to the self-represented minor.

A. Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name without joining with him the party for whose benefit the action is brought. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.

B. Capacity to Sue or Be Sued. Except as otherwise provided by law, any person, corporation, partnership, or unincorporated association shall have capacity to sue or be sued in this state.

C. Infants or Incompetent Persons. Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed representative he may sue by his next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.

D. Assignment and Subrogation of Claims. The assignment of claims not arising out of contract is prohibited. However, nothing in this section shall be construed to affect the law in this state as relates to the transfer of claims through subrogation.

[WhatDoYouSay]

I currently have a lawyer, and a next friend. I was told by my lawyer that she can't act as my next friend, so I found someone to act as one. Now the problem is literally just scheduling to meet with the lawyer to have my next friend sign the petition before filing it. I can't do anything until my next friend meets with the lawyer, and my lawyer has made it so scheduling is next to impossible, so I'm at a standstill that seems to be most easily mitigated by the removal of the lawyer and the rigidity of her scheduling preferences. That's why I'm considering just doing without the lawyer.

From everything that I've read, as long as I have a next friend I can do this. I know it's not preferred, but at this point my lawyer seems to be my biggest roadblock, which is not how I expected that to work.

[Taxing Matters]

From everything that I've read, as long as I have a next friend I can do this. I know it's not preferred, but at this point my lawyer seems to be my biggest roadblock, which is not how I expected that to work.

Then perhaps switch lawyers. Adjusterjack was overly optimistic on your self-representation. As he ought to know well, simply being intelligent and well-spoken is not enough to litigate something, and this is litigation. There are rules of procedure and evidence that you need to know to really do well. Lawyers spend a lot of time learning that stuff. The judge may ask you legal questions during the hearing. You’d need to know the law in this area well and think fast on your feet to answer them. That’s not to say that you cannot succeed in this on your own. Adjusterjack made it sound like representing yourself would be easy and pretty much as good as having a lawyer do it for you. But he’s not a lawyer, I am. And I’ll tell you from experience it’s not as simple as he made it out to be.

[WhatDoYouSay]

Then perhaps switch lawyers. Adjusterjack was overly optimistic on your self-representation. As he ought to know well, simply being intelligent and well-spoken is not enough to litigate something, and this is litigation. There are rules of procedure and evidence that you need to know to really do well. Lawyers spend a lot of time learning that stuff. The judge may ask you legal questions during the hearing. You’d need to know the law in this area well and think fast on your feet to answer them. That’s not to say that you cannot succeed in this on your own. Adjusterjack made it sound like representing yourself would be easy and pretty much as good as having a lawyer do it for you. But he’s not a lawyer, I am. And I’ll tell you from experience it’s not as simple as he made it out to be.

Is switching lawyers typically a difficult thing to do? Can it cause more complications than it's worth?

There is still the chance though that I can work around scheduling, and stay with the lawyer I am with, so I'm not chomping at the bit to do it myself. I'm not entirely sure which route I'm going to take, or what's viable at all. If I don't figure things out soon though it may be better I just wait it out and count down the days until my 18th birthday.

[Dogmatique]

Is switching lawyers typically a difficult thing to do? Can it cause more complications than it's worth?

There is still the chance though that I can work around scheduling, and stay with the lawyer I am with, so I'm not chomping at the bit to do it myself. I'm not entirely sure which route I'm going to take, or what's viable at all. If I don't figure things out soon though it may be better I just wait it out and count down the days until my 18th birthday.

Quite honestly that's probably the choice I'd make. Start saving some of your money, keep adding to it, and when you're 18 the world is your oyster and unlike so many teens you'll actually have at least a little bit of cash to help get you started.

[WhatDoYouSay]

Another question I have, for all reading this, if I were to attempt to represent myself in this, what resources would you recommend I study, in order to prepare myself as best as possible beforehand? Are there any specific sections of the state statute you would recommend I familiarize myself with?

In response to Dogmatique, that is true, and the wait will make me that much more grateful when I do get out.

[Dogmatique]

Another question I have, for all reading this, if I were to attempt to represent myself in this, what resources would you recommend I study, in order to prepare myself as best as possible beforehand? Are there any specific sections of the state statute you would recommend I familiarize myself with?

In response to Dogmatique, that is true, and the wait will make me that much more grateful when I do get out.

I think you're a pretty awesome young person, in all honesty. I'd be proud if you were my kid.

Okay, I just went all Mom-weird on you. Sorry