Most people go to court because something is affecting their lives, often in stressful and emotional ways. Dealing with the law and court processes can add to that stress. Litigating a case (taking a case to court) can be complex and time consuming. If you miss a deadline, or have an error in your court documents, you could destroy your case. (No pressure!)
In many jurisdictions hiring a lawyer is no longer an all-or-nothing proposition. There is a trend towards “unbundled” legal services. This means that you may be able to hire a lawyer for just a piece of your case. This may be document review, document drafting, advice on how to present your case, analysis of your legal options, etc. You still represent yourself before the court, but a lawyer takes care of some of the complex matters for you.
Since you are thinking about representing yourself, there are a number of factors you should consider. The obvious questions are cost and complexity, but there is really more to it. For example, how well are you likely to perform as your own attorney? Here are 12 other questions for you to consider. As you think about each of these questions, please be honest with yourself. You might also ask a trusted friend or family member for their input as well.
1. Will it cost more to hire a lawyer than the case is worth?
There are times when it might not make financial sense to have a lawyer represent you in court. For example, if your case has a dollar value of $1,000, and it would cost you $5,000-$10,000 to pursue the case, is it really worth it? Yes, if you win, you might get the other party to pay your legal fees. But what if you lose? Not only do you not get the $1,000, but you’ve now spent 5-10 times what the case was worth getting there. And you might have to pay the other party’s attorney’s fees as well. Finally, I should note that low dollar values are generally the jurisdiction of small claims court, where, depending on your jurisdiction, your lawyer might not be permitted to represent you in court anyway!
2. Does the other party have a lawyer?
If the other party has a lawyer you are usually at an immediate disadvantage.[1] Even that lawyer fresh out of law school is likely to know the system far better than you. You might get lucky and get a judge that is willing to provide some prompts to help you along, but even then, judges and court staff must stay impartial, and they cannot give you legal advice. It is possible to represent yourself against a lawyer, but just be aware that it gives you a steeper hill to climb.
3. Are you on time for meetings and deadlines?
How are you with meetings and deadlines? Are you usually early? Just before the buzzer? Frequently late? The court runs on meetings (hearings) and deadlines, and expects you to be on time for hearings and with paperwork. A poorly kept secret is that the judge can be late, but you can’t. In fact, showing up late can cost you the case. If you are not there when the court is ready to make a decision, the judge can simply find in favor of the other party. The old phrase, “you snooze you lose” comes to mind. Don’t snooze.
4. Can you make it to the courthouse during the day (during business hours)?
Unless your jurisdiction has a night court, court business is likely to be transacted from 9:00 a.m. to 5:00 p.m. The court does not adjust its schedule to fit yours; you adjust yours schedule to fit the court’s. You will need to arrange your work schedule, child care and transportation to get to court, both to file paperwork and be at hearings. One thing to note, however, is that there is a major trend toward electronic filing (the courts are tired of all those mountains of paper), which means that you may be able to file some or all of your documents from home, work, the library, etc. This may make it much easier for you. You will still have to appear for hearings during business hours, though.
5. Do you fill out and file your own income tax returns?
Income taxes? What does that have to do with representing yourself in court? Well, if you can wade through the process of filling out your tax returns it is more likely that you will be able to complete the documents you need for court. Many jurisdictions now have “do it yourself” court forms where you simply fill in the blanks. But you still need to be able to read instructions, follow steps and pay close attention to detail when completing them.
6. Are you comfortable doing research?
Unless you have worked in a law office, most likely you do not know the law and rules that will control your case. You probably also do not know all the forms and documents you will need. This means you are going to have to do some research. Physical law libraries do still exist, and if you live near one you will probably be able to find a helpful librarian to point you to the resources you need. There is also a wealth of information online. Most of the quality legal resources cost money, but you should be able to find your state’s statutes and rules online. If you do not learn the laws and rules affecting your case, your chances of winning go down and your chances of losing go up.
7. Are you likely to be clear and calm when you stand up and speak in court? Get angry much?
How are you at speaking under pressure? Does public speaking scare the snot out of you? Can you do it anyway? The judge only knows what is presented to her. You need to be able to speak clearly and logically when presenting your case. How well do you manage your temper? At court, you have to be courteous and respectful to the judge, court staff, and the other party. Having to be restrained by a bailiff or marshal really does not help your case, and spending time in jail for contempt of court is probably not your intention when you head to court for the day. Losing your cool may not mean you will lose your case, but it sure will not help you win. If you are likely to fall apart when you stand before the judge then you will need some help. Either get help to overcome your anxieties/anger or hire a lawyer to represent you.
8. Are you often frustrated by rules you think are unfair or should not apply to you?
Let me break it to you right now – court is not about who is right or wrong. It is about the law. The court looks at what relief the law says you are entitled to, if any. Whether you think the law is fair or right does not matter at trial. You can think it is the stupidest thing you have ever heard of, but it is still what the judge has to follow. In the legal world, “fairness” is defined as the laws and rules being applied equally to all, not what you think is fair. If you want to represent yourself, get over it now.
9. Can you stick with decisions and live with mistakes?
Being wishy-washy does not go over well in the legal system. “Just kidding” does not fly either. Most court processes are formal and lasting, so once you make a claim, statement, or filing, it is hard to make changes. If you have any doubts or questions, try to address those before you start. If you represent yourself, you are going to make some mistakes. (Shh, don’t tell, but lawyers sometimes make mistakes, too.) Do you beat yourself up over mistakes? Going to court can create enough stress and anxiety; you do not want to add to it. Beating yourself up over mistakes rather than pressing forward towards your goal hurts your ability to effectively present your case.
10. What is at stake? Can you afford to lose?
Every case is important, but some cases may have a bigger effect on you because of the large amount of money/property involved, or other people involved (like children). Cases with more money or people to consider can be more complicated, not only to prepare your case, but to also to keep your emotions in check. What is at stake for you? What happens if you lose? Honestly ask yourself whether you can prepare and present your case well enough that you have a chance at winning. Do not forget that you may also be able to get an “unbundled” lawyer to help you with part of the work. Typically the more you stand to lose the more professional help you will need.
11. Do you fully understand the papers you received from the other party or from the court?
You need to understand what your court documents say. After all, this is going to have an impact on your life. If you do understand them, great, you are good to go. If you do not understand them, you are going to need some help. Do your research and see what you can learn. If you are doing internet research be sure you are using reliable sources. That online forum for disgruntled litigants is not the place. Court personnel may be able to answer some questions, but not all, since they cannot give you legal advice. Other questions you will need a lawyer for. (Dare I repeat, “unbundled services”?)
12. Do you and the other party get along?
You are probably thinking, “If we got along we would not be going to court.” Well, sadly that is not always the case. People go to court for a lot of reasons, even when they don’t have to. So before you go to court, think very hard about whether or not you could just resolve it between you.
[1] Please remember that I am referring to “you” generally, and not you, the reader, specifically. I am quite aware that while it is usually not the case, there are non-lawyers who are savvy enough to take on a trained and licensed lawyer.
