Going it alone.
Many people with legal problems instruct lawyers to help them. Some people cannot afford to pay a lawyer and others decide they can take care of their own legal problems.
People who handle their own legal problems are called “self-represented litigants” or “self-litigants”.
Lawyers (a generalised term to include barristers and solicitors) are people who have legal qualifications and training and are licensed to practice law. They can tell you the law that applies and the rules that must be followed. Lawyers have experience dealing with other lawyers, judges, court clerks, witnesses and other professionals who may be involved in your case. By choosing to represent yourself you will be giving up the knowledge and experience that only a lawyer can offer. You will also be giving up the advantage of having a professional advocate who can give you legal advice, go to court with you and speak on your behalf.
The decision to go it alone can be hard to make and should not be taken lightly.
Is there a way to solve my legal problems without going to Court?
In many instances there are other more appropriate and effective ways to resolve your disputes. There are various early intervention options available to parties in most family court matters. Where possible parties should utilise these options in the first instance.
Parenting through Separation: This programme provides separating parents with some education around identifying and resolving issues together. This programme can be accessed independently to the court system. An educational DVD is freely available.
Counselling: Parties are entitled to 6 free counselling sessions through the family Court. This is a great forum to discuss care arrangements and parenting plans for children. Agreements reached at counselling can be converted into more formal written agreements or where required, court orders by consent.
Mediation: This gives people a chance to sit down with a mediator/facilitator in an informal setting to try and work out their problems. A mediator is a trained problem solver who will help you and the other side reach an agreement. A mediator will not make a decision for you. He or she will help you and the other side think of possible solutions that you can both agree on.
Is my legal problem simple enough to handle without a lawyer?
People without legal training may be able to handle simple legal problems on their own. However, representing yourself can be risky. Some cases are much more complicated than people think they are, and cases that are simple in the beginning may become complicated later on. It is harder for people without legal training to figure out if a case is simple enough to handle without a lawyer.
At legal options we can help you with the difficult and important decision of whether you can go it alone. Keep in mind that a lawyer is trained to spot problems with your case that you may not think about, and to offer advice about how to avoid or solve those problems. If you make mistakes representing yourself, you may need a lawyer to fix them. Instructing a lawyer to fix mistakes after-the-fact can sometimes end up costing you more than having the lawyer represent you in the beginning.
Will I be able to handle my own case?
Before deciding whether to go it alone, there are certain questions you should ask yourself. Your answers to these questions will help you decide whether you will be able to handle your case on your own.
- Am I good at meeting deadlines and being on time?
If you decide to represent yourself you will be expected to meet deadlines for filing paperwork and doing other things that need to be done at specific times to move your case along. You will also be expected to be at court on time for court hearings and certain other meetings with other people involved in your case.
- Can I leave work during the day?
You will need to be at the courthouse during normal working hours i.e. between 9 am and 5 pm. There may also be meetings with other people involved with your case that you will have to attend. It may be difficult to represent yourself if you work during the day, have no flexibility with your work hours or have trouble getting time off. It is advisable to discuss these issues with your employer in advance. Having a lawyer represent you is likely to result in less time away from work.
- Can I understand and fill out complicated forms?
Court forms can be difficult to understand and fill out. You will need to read instructions carefully and make sure you follow them step-by-step.
- Do I have the time and skill to learn about the law that applies to my case and the rules that I have to follow?
If you do not have legal training you are unlikely to know the relevant law or the rules that apply to your case. Finding that information will require research, which could take a lot of time and patience. If you do not have the time or skill to learn what you need to know about your case you may not be able to represent yourself successfully. A lawyer is fully trained to know the law and the rules that must be followed. A lawyer is also trained to figure out the best arguments to make, which you may miss if you are representing yourself.
- Can I be calm and speak clearly when I attend meetings and go to court?
Being involved in a court case can be difficult and stressful. If you are angry with someone involved in your case or upset about what is happening, you may find it hard to control your emotions. When you are in court or at meetings you will need to be calm and speak clearly about your case. If you do not have a lawyer you cannot count on the judge or anyone else to help you out or speak for you. The court has a limited amount of time to hear what you have to say. If you do not make your points within the time allowed you may not get another chance.
- Do I have trouble with rules that I think are unfair?
There are rules that everyone in a court case must follow. Although these rules may not make sense to you or may seem unjust, they are meant to make the case fair to both sides. Some people have trouble following rules that they do not understand or that they think are unfair. If this is you then you are unlikely to be able to represent yourself successfully.
- Can I make a decision and stick to it?
Once you file paperwork, make a statement, or agree to something in a court case it is difficult to make changes. Any doubts or questions you have should be considered and answered before you act. A lawyer can help you to get it right the first time.
If I decide to represent myself what will be expected of me?
A self-litigant is held to the same standards as a lawyer. You will not be treated differently or better because you do not have a lawyer. You will be expected to understand and follow the same rules that apply to lawyers. If you do not follow the rules important decisions in your case could go against you and in favour of the other side. It also means that your case could be delayed or dismissed. You could even be ordered to pay money to the other side for their costs.
What should I expect when it is all over?
You must remember that a judge is not allowed to take sides in a case. Everyone must be given a chance to tell his or her side of the story. Almost no one who goes to court is completely happy with the outcome. If you and the other side can not settle your disagreement without going to court, be prepared for a decision that does not give you everything you want. The judge may have to decide a case in a way that makes no sense to you or that seems unfair. Keep in mind that the judge has to apply the law fairly to both sides and that everyone involved is entitled to be treated with respect.
If I decide that I need a lawyer how do I find one?
legal options can provide you with a list of suitably qualified lawyers able to assist you or you can contact your local court office.
What kind of help can I expect from legal options if I decide to go it alone?
legal options can:
- Give you their professional opinion about the complexities of your case and whether it is advisable to represent yourself.
- Give you legal advice that involves a discussion of how the law applies to the facts in your case.
- Provide you with certain court forms and instructions.
- Give you information about how to get a case scheduled for a hearing.
- Guide you through the process and see that the paperwork is filled out properly and complies with the court rules.
- Explain how the court works and provide you with general information about court rules, procedures and practices.
legal options cannot:
- Fill out the forms for you or tell you what words to use in your court papers.
- Represent you in court.
- Tell you what to say in court.
- Talk to the judge for you or arrange for you to talk to the judge outside of court.
- Correspond or talk with other parties or lawyers involved in your case.
- Change an order signed by a judge.