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How to Represent Yourself in Court FAQ


Find out what you need to know to represent yourself effectively, without being intimidated.

Is it ever truly sensible to appear in court without a lawyer?

When it comes to small claims court, which is designed to be accessible to nonlawyers -- yes, of course. But sometimes it's also a good idea to represent yourself in a more formal court proceeding. Hiring a lawyer is almost always unaffordable for disputes that involve less than $25,000 and often unaffordable for disputes in the $50,000-$100,000 range. In these cases, representing yourself may be your only reasonable option.

For small cases, is the cost of hiring a lawyer is too high, given the amount at stake?

With lawyers charging $150-$250 per hour, and any contested court case racking up dozens of hours of attorney time, it is obvious that attorney fees can quickly dwarf what is at stake in many disputes. But the problem is really much larger: No matter what the size of the case, most people don't have the kind of money it takes to hire a lawyer in the first place. This means that unless the dispute is the type that lawyers will take for a contingency fee -- a percentage of the total recovery -- the person will either have to go it alone or give up the lawsuit altogether.

Can I get an attorney to represent me for free?

Before you decide to represent yourself, you may want to explore the possibility of getting help at no cost to you. Here are several situations in which you may be able to get an attorney to represent you for free.

  • If you face criminal charges.
    If you've been charged with a crime and cannot afford to hire your own lawyer, you have a constitutional right to an attorney at government expense. At your request, an attorney, often from a public defender's office, can be appointed to represent you when you are formally charged in court with a criminal offense.
  • If you've been injured.
    If you have been severely injured and wish to sue, a lawyer may agree to represent you on a "contingency fee" basis. This means that you pay attorney's fees only when and if the attorney recovers money for you; the attorney takes an agreed -- upon percentage of that money as fees. Be aware, however, that even if a lawyer takes your case on a contingency fee basis, you still have to pay costs, which can add up to several thousand dollars. Costs include court filing fees, court reporters' fees, expert witnesses and jury fees. The good news is that if you win your case, the judge will usually order your adversary to pay you back for these costs.
  • If you qualify for legal aid.
    If you can't afford an attorney, you may qualify for legal aid. Legal aid lawyers are government lawyers who represent people with low incomes in a variety of legal situations, including eviction defense, denial of unemployment compensation or other benefits, and consumer credit problems. If you think you might qualify, look in your telephone directory or ask a local attorney, lawyer referral service or elected representative for the nearest legal aid office.
  • If your claim involves an issue of social justice.
    If your dispute involves a social justice issue, an attorney with an interest in that issue may represent you on a "pro bono" (no fee or reduced fee) basis. For example, if your claim involves sexual harassment by an employer, abuse by a spouse or partner, discrimination in housing or employment, freedom of speech or religion or environmental pollution, you may find an attorney or organization willing to represent you pro bono. Call a local bar association or a private organization that deals with the kind of problem you face, such as the American Civil Liberties Union, the NAACP Legal Defense Fund, the Natural Resources Defense Council, the National Women's Law Center or the Lambda Legal Defense and Education Fund (gay and lesbian rights).
Copyright 2006 Nolo
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