You Can Represent Yourself, But Should You?

So you or your business have a lawsuit that needs to be filed, or perhaps you or your business are the one being sued. The case seems “small,” perhaps, easy to win or defend, or the amount in controversy doesn’t seem large. It can be very tempting to ask whether or not you need to engage a business law attorney.

Small Claims Court

If your case is in any court other than state small claims court, the short answer is that you should never be in those courts without an attorney.

If your case is filed in what is known as small claims court, then you may be able to represent yourself—but it’s still a big risk.

Small claims courts are courts for “the common people,” that is, people who don’t want to spend a lot of time or money on the case—think of the TV shows like People’s Court, Judge Judy, and the like—all of which are a bit less formal than real small claims court, but nonetheless, the point is the same: small claims is often set up for people without attorneys.

That said, you certainly legally can get an attorney, and even in small claims court, your opposition may well do that. If so, you are now at a severe disadvantage—they have an attorney and you do not. And before you say it’s OK, you have a super strong case, a good attorney can spend your time and money, find defenses where none may exist, delay your case, or use other tactics that you won’t be able to do or know how to do, representing yourself.

Why Not Represent Yourself?

The reasons why you shouldn’t represent yourself, especially in any case that isn’t in small claims court, is simply too long to list. There are laws, but also court formalities, rules of court, local rules, judge’s instructions and other procedures that you aren’t familiar with. You need to get evidence, file motions, find and interview witnesses, and do all of these, according to the rules of court.

Judges do have some tolerance for self-represented litigants, but they also still are bound to follow the law, and saying you don’t have an attorney won’t allow the judge to “give you a break.” The judge will and legally must hold you to the same standard that he or she would hold represented litigants.

One Shot Only

Remember that you only get one shot at the case—if you opt to represent yourself and something goes wrong, you can’t refile your case, this time with an attorney. And if you get too far into your case, and before it’s over, you want to engage an attorney, you may have a hard time finding one—many attorneys are hesitant to take a case that is already in progress, or where someone has been representing themselves.

Don’t go to court alone–let the West Palm Beach commercial litigation lawyers at Pike & Lustig help you navigate your case, and the court system.

Source:

help.flcourts.gov/Get-Started/Notice-About-Representing-Yourself