Do You Really Need an Attorney in Court?

By Steven A. Simons, Sr

Having an attorney at in litigation is always advisable. If you cann not afford one there are ways to represent yourself.

Not many of us want or can afford to pay thousands of dollars where there is only $5-10,000 to lose. But you should first meet with an attorney to find out your options BEFORE the deciding what to do.

At the initial meeting, the attorney can explain to you the risk of doing nothing and the cost proceeding with litigation. Ask questions of the lawyer. "How much experience do you have in this area of law?" Joe Torre would not use Andre Ether as a starting pitcher - you do not want an attorney who is unfamiliar with the law in your case. "What is your hourly rate?" Many attorneys charge between $250.00 to $750.00 per hour. "How much is the retainer?" This allows you to understand the cost of proceeding with litigation.

The attorney may also find that the lawsuit is improper. In one recent case, a client came to me and I discovered that the debt collector had improperly sued her. It took us almost a year but, ultimately the case was dismissed and the debt collector paid my client a penalty as well as all of my fees. Here the consumer received legal representation at the expense of the debt collector.

"Buy" some time from the attorney. For several hundred dollars, the attorney can explain basic court procedures to you for the appearances that you have to make. Stuff like what documents need to be filed, how to file them and even were to stand at court. It is often frightening to stand in a courtroom and actually address the judge. But, by law, Judges are required to treat you like they would an attorney. You cannot say + I am not a lawyer I did not know. By preparing yourself you can avoid being sanctioned and having a judgment entered against you for a simple mistake.

You can also retain the lawyer for "limited representation". California Rules of Court allows a party and an attorney to "provide notice of their agreement to limited scope representation ...". Here the attorney is retained for a specific task. For example, if the opponent requests that the court order you to answer questions; you can hire an attorney to handle just that limited hearing. Some attorneys will work on the task for an hourly fee. Others at a flat fee.

By using the "limited representation" procedure you can have an attorney when you need one and go it alone when you have to. While there is no substitute for a good lawyer at trial, if you have to "go it alone" you can have an attorney advise you along the way at a fraction of the cost.