For many people facing a legal issue, the first thought that generally comes to mind is how much will this cost in attorney’s fees? The good news is that there are numerous types of cases in California where being represented by an attorney is not a necessity.
As a general rule, you may not need to be represented by an attorney when:
- Your case is clear-cut and there’s no opposing side (e.g. as in a request to change your name).
- You and all other parties involved agree about everything (such as an uncontested guardianship of a child).
- You’re confident that you are fully aware of your legal options and can make informed choices about your case on your own.
- You have the time and willingness to learn the law and the relevant rules and procedures applicable to your case.
A person’s Constitutional right to be represented by an attorney only comes up in a very few types of cases (e.g. criminal). In all other legal situations—civil litigation, family law, bankruptcy, small claims, traffic court, etc.—you do not have an absolute right to legal representation. In these circumstances, a person wishing to have an attorney advise and/or represent them must seek out legal assistance on their own.
If you’re thinking of representing yourself, keep these considerations in mind:
How Complex is Your Case. You may not need an attorney for an uncontested divorce. However, if difficult issues are involved – such as being allowed to move out of state with children of your marriage, spousal support, extensive property divisions—it’s best to at least get some legal advice, if not active legal representation.
Your Ability to Handle a Legal Matter. Be honest about your personal strengths and weaknesses. Some cases require extensive appearances before a judge, which can be an intimidating experience. Someone who’s shy or fearful of speaking in public might be best served by having an attorney speak for them.
You Have Trouble Expressing Yourself Succinctly. An attorney can help you avoid rambling and focus instead of the key points of your case.
You’re Held to the Same Standards as a Practicing Attorney. Whether or not you’ve passed the bar, when you’re in court, you’re held to the same standards as a full-fledged attorney. If you don’t feel competent in mastering those standards, you may need an attorney.
You Lack Time to Handle Legal Matters on Your Own. People who work full-time or have a family to care for aren’t necessarily able to devote the time required to handle a legal matter on their own. Keep in mind that it’s not uncommon to spend hours to a full day at the courthouse simply to get a legal form successfully filed.
Fortunately, there are many great resources available to assist people who wish to represent themselves. In California, each court offers online and in-person self-help centers for certain legal matters such as family law, small claims and sometimes even probate.
Some courts offer facilitator offices to assist in the “grunt work” needed to resolve your legal issue. It’s important to note what facilitators can’t do. In divorces, for example, a facilitator can’t offer advice on whether you’re seeking all that you’re entitled to nor on the methods you need to utilize to discover things to which you may be entitled – which means there’s a real possibility you can leave critical issues unresolved.
While facilitators and self-help centers are very useful, it’s always a good idea to get expert legal advice. Attorneys, after all, are paid to zealously represent their clients and get the best possible resolution in court. Some attorneys, including myself, offer reasonable rates and even discounted services with respect to some types of legal matters.
In conclusion, before striking out on your own, speak to an attorney who is knowledgeable in your case’s area of law so you can make an informed decision on whether or not your attempt to save money will cost you more in the end.
Are you in need of legal counseling or have any questions about the above topic? The Law Offices of Ian S. Topf, APC offer a free consultation in a variety of issues, ranging from family law/divorce, bankruptcy, and estate planning to criminal/DUI matters and landlord/tenant disputes.