“Do it yourself” lawyering

It’s a common phenomenon for individuals and small businesses to handle their own transactions, either by themselves, or with the help of document production services, such as Legalzoom. In general, I don’t think that’s a good idea, but since I don’t do the work myself, I’ll leave it to my colleagues who do to show the value they bring. Fellow attorney and blogger Lisa Nguyen did just that recently.

Of more immediate interest to my practice is individuals acting as there own attorneys (pro se is the legal term). The New York Times just did an article on it, and it is certainly noticeable in the Courtrooms.

Now, I’m not one of those attorneys who reflexively condemns people for not using an attorney. It’s never ideal, of course, but many small claims matters don’t justify the cost of an attorney (honestly, many don’t justify the cost of the filing fee and pro se time either) and some people are intelligent and dedicated enough to learn the law. However, failing to use an attorney in your lawsuit, if anything significant is at stake, is usually a big mistake.

If you represent yourself, you’re held to the same standards as an attorney, which means you have to know all the rules of procedure and evidence at work in your case. I’ve absolutely seen some pro se litigants who have done their homework and know what they’re doing, but this is the exception and not the rule. Most haven’t spent the time to learn the rules and often misunderstand what they did read (or were told).

When I face pro se litigants in court, I don’t go easy on them; I treat them the same way I would treat an attorney. Since their complaints are often poorly drafted, motions on the pleadings are common; since they don’t know the rules, tripping them up on the technicalities of a Rule 216 request is easy. I’ve never had to go to trial against a pro se, because it doesn’t get that far. I’ve beaten pro se’s who seemed to have the facts on their side because I know the rules and they don’t.

I’m not mean, but it’s my job to protect my client’s interests (I do the same things when there’s a lazy or mediocre lawyer on the other side). Hiring an attorney may not be as expensive as you think. Before you decide to represent yourself, consult with an attorney – find out what it would cost and what it would entail. It’s one of the reasons I offer free consultations. I’m honest with potential clients if their case doesn’t justify an attorney, but it’s not uncommon that there might be additional claims available that turn what they thought was a simple case into a bigger one or defenses that may allow an early dismissal. You owe yourself the best you can get. Don’t dismiss it without trying it.