FAQ – Go it Alone? 

You have likely heard about someone representing himself in court “pro se” (without a lawyer) and doing very well at this task. It happens, but successful self-representation is extremely uncommon. 

In fact, it’s even questionable for a lawyer to represent himself, because “lawyer” and “client” are two very different roles.  The lawyer must present options to the client objectively. Should we settle, or try the case? Then, the client must decide on an option and path going forward, relying on his gut. For this reason, Abraham Lincoln said: “The man who represents himself has a fool for a client.” 

Therefore, even if you — a non-lawyer — could somehow learn overnight all the relevant law — self-representation is typically a bad idea. 

Plus, the courts frown upon those who fail to retain counsel. Don’t expect any favors by asking the judge do the job of your lawyer. For example, a judge won’t get paid more money to explain to you how the procedures work.  In fact, courts have no problem whatsoever entering judgment against an unrepresented party for failing to timely respond to suit. See Downtown Special Situations Holdings, LLC v. Mills Dental-Downtown Brooklyn, PLLC, 2023 NY Slip Op 31930(U).

But there is one exception.  

Cases Worth 12K Or Less 

Some smaller cases (worth less then $12,000) can — should — be filed (or defended) without a lawyer present in small claims court a/k/a Magisterial District Judge (MDJ) proceedings. There, the rules are simplified and you don’t need a lawyer to appear.

In fact, hiring a lawyer to come to small claims court with you is usually a waste of time and money, since either side can appeal the award for any reason — or no reason at all. This creates a “do-over” at the next level up from small claims, which is: compulsory arbitration. This is true in Pennsylvania and in most other states, including California, New York, and Florida.    

Why pay a lawyer twice to do the same thing?  But you should at least talk to counsel, at the beginning. 

 

Learn Your Rights

Even without a lawyer appearing for you for a case on the magisterial district judge (MDJ) docket, a lawyer can quickly tell you in advance of your small claims court trial:

• • • how to proffer (or offer) evidence to be considered by the judge,
    • whether you’re suing the right corporate entity,
    • how to fill out the complaint “form” that gets the lawsuit (or defense) started (click here for more), and
    • whether the dispute is worth substantially more than $12,000 (the limit for small claims court), making small claims court a waste of time. Perhaps the Plaintiff should instead file on the next level up:  the arbitration docket.  Contact us about hiring us for a flat fee $200 consultation at the MDJ level.   

Let’s Get Started! 

Contact a lawyer at our Western PA firm for any litigation.

412.342.0992

Email Us Today