Advice from an Attorney Can Help You Avoid Costly Mistakes
Don't Gamble with the Outcome of Your Case
If you choose to represent yourself in a legal matter, it's important that you know that your decision doesn't in any way ease the technical requirements of the legal process, so you shouldn't set out to represent yourself unless you're confident that you understand all of the substantive and procedural requirements and how to fulfill them.
The Legal System Imposes Strict Deadlines and Procedural Requirements
Many non-attorneys think they can simply appear in court and explain their side of the story or bring witnesses, but in fact in most cases a party who represents himself will have to know how to:
- Write a petition that states his claim in terms of applicable law, and that establishes other technical requirements like standing to bring the case and jurisdiction of the court in which the petition is to be filed;
- Achieve service of process of each party to the case;
- Make formal discovery requests to obtain evidence and witness information from the other party or his attorney;
- Provide formal responses to requests from the other party or his attorney and make any appropriate objections to such requests;
- Follow appropriate procedures for notice, calling of witnesses, questioning of witnesses, introduction of evidence, and objection to questions and/or evidence presented by the opposing party's attorney;
- Enforce/collect on a judgment if you receive one.
Each Area of Law is Different
This is just a sampling of the technical issues you have to be prepared for if you decide to represent yourself. And in each particular area of law, new issues arise. For instance, in some states a corporation is required to be represented by an attorney, even in small claims court.
In a personal injury case, statutes of limitations and preservation of evidence is critical, and you could harm your case early on simply by failing to fulfill all of your doctor's orders or making the wrong comment in a casual conversation with an insurance company representative. Getting advice from a personal injury lawyer in advance can help avoid costly mistakes.
If you've been charged with a crime, whether it's violent crime, theft, property damage, or a DUI, you'll want to talk to a criminal defense attorney as soon as possible. Criminal prosecutions can move very quickly, and you may be barred from raising certain defenses if you don't provide timely notice in the required form. A criminal defense lawyer can advise you of the required procedures, applicable deadlines and, most importantly, possible defenses.
Likewise, if you're considering filing for bankruptcy protection, there are probably many requirements you don't know about or don't fully understand. A bankruptcy lawyer can help guide you through the process of obtaining the required pre-filing credit counseling certification, using the means test to determine whether or not you are eligible for Chapter 7 bankruptcy, completing the petition and associated schedules, arranging the required pre-discharged debtor education course, and defending against any adversary proceedings your creditors might initiate.
No matter what kind of legal problem you have, a lawyer who is familiar with your state laws and your local court system can take much of the stress out of the process, and help ensure that you don't miss important deadlines or requirements simply because you aren't aware of all of the technical details of the legal process.
That's why Total Lawyers makes it easy for you to arrange a free consultation with a divorce lawyer, bankruptcy lawyer, personal injury attorney, or DUI lawyer.
