Should you be your own lawyer? This is not a hypothetical question — at least not for many people these days. In a July survey by the American Bar Association, 60 percent of judges said that the number of self-represented cases increased in 2009, likely because of the recession. Sixty-two percent said that not having representation could hurt your case.
The lesson: You don't want to go to court without a lawyer. (The exception is small-claims court; we'll talk more about that below.) But there are cases when you can forgo an attorney and do the work yourself.
"A lot of legal matters are really just paperwork. These are things that are usually not terribly complicated, and the row is pretty well-plowed. There are forms that you can follow safely," says Mary Randolph, publisher of Nolo, a legal solutions website.
Here are four legal challenges you may want to tackle yourself:
•A lease. In this housing market, there are a lot of accidental landlords — and, very likely, more to come. Look for the basic and inexpensive templates on websites like RocketLawyer.com and LegalZoom.com. Jim Kramon, an attorney and author of "You Don't Need a Lawyer," suggests making sure it includes a requirement that the tenant has renters insurance, as well as your right to terminate the lease. You can find a lot of information on Nolo's website (www.nolo.com), and its book, "Every Landlord's Legal Guide."
•Letters of complaint. If you feel you've been wronged by a person or company, you should first see if you can handle matters on your own by writing a letter, Kramon says. You want to direct it to the customer-service department, the company president or owner, or the person who wronged you directly. Make it professional. State the facts accurately and succinctly, indicate what resolution you want, and what the consequences will be if you don't get it. (In most cases, "I will pursue appropriate further legal action" will do the job.) Then send your letter certified mail, return receipt requested.
•Your will. If you have a very basic estate — you're married, with children, and both spouses would like the property to be passed to the other, then to the children evenly — then you're likely a good candidate for a DIY will. "It's become more common for lawyers to consult with someone on a fairly limited basis," Randolph says.
•Small claims. The amount you can sue for in small claims court varies by state, but it is generally $2,500 to $12,000. The system is set up for people to be able to navigate it without a lawyer, says Randolph, and you can find much of the information you need through Nolo or your court system's website.
Finally, it's important to know when you do need representation. If you're not sure, I'd contact an attorney.
Email
Facebook
Google
Twitter
Favorites
More
Advertisement