Should you handle a legal case by yourself?
So you get a letter from an attorney, should you hire an attorney or handle the case yourself? Somebody broke the contract between you and them, should you take them to court on your own? You have legal instrument you want to prepare. Should you have the case reviewed by an attorney?
Aside from a few very specialized areas of law, the legal process is ultimately designed to afford the average person the ability to represent themselves. However, there are a few things that you should keep in mind if you are deciding to representing yourself:
1) There are no special rules for you as a ‘pro se’ litigant. Pro se legal representation refers to the instance of a person representing himself or herself without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. Most courts are governed by local rules or specific rules regarding processes and procedures. You are still bound by those same requirements so don’t expect to get any special preferential treatment because you are preceding without a lawyer.
2) The law library is a great resource. Quite a few court houses have law libraries that provide a wealth of different forms and materials which can help you with your case.
3) The clerk of court may have a special program. Depending on the type of legal proceedings, some courts actually have legal programs that may assist you with completing forms or navigating the legal process.
4) Legal forms on line can be helpful but it’s not the only thing. You can find a variety of great forms on line through various legal document sources. However, remember, these forms are not designed to substitute for any legal information that your state requires. Some legal document sources may provide state specific forms depending on the topic but be careful if you get a generic form. These generic forms may not have everything you need.
5) The judge is NOT your friend. In some legal proceedings, the judge may have an extra duty to ensure that you are provided an additional amount of explanation regarding certain court proceedings. You may, also, be given an extra degree of latitude in navigating the process. However, you are still bound by the same standards as it relates to negotiating the process so your ignorance about the law may not save you. You still have the responsibility to be knowledgeable about the information that relates to your case.
6) The other attorney is NOT your friend. Attorneys are in the busy of getting the maximum benefit for their client. They are NOT there to help you with your case. So an attorney who deals with the area of law that you are dealing with may utilize every tactical advantage of their knowledge of their law against you.
7) Just because you think you have GOOD FACTS, the law may not provide a GOOD OUTCOME. Alot of people think that their facts are so great that they don’t need an attorney. They think that the facts should stand alone. But people sometimes forget that facts can be used to paint a picture in a multiple number of ways. It may be even tougher if you are dealer with an attorney who can get rid of certain facts or even paint your facts in a bad way. Don’t automatically assume that your case is SO good that you can’t lose.
Representing yourself is a very ‘doable’ thing but you can possibly put yourself in a worse situation if you don’t take the time to ensure that you are prepared for all possibilities.
