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It is generally accepted among U.S. courts that both parties to a civil lawsuit will be represented by attorneys. But there is no legal requirement to hire an attorney. If you want to file a civil lawsuit on your own, you have every right to do so. It is probably not wise, but it’s well within your rights to not utilize an attorney’s services.
In legal terms, this is known as proceeding ‘pro se’. You are acting as your own attorney to represent yourself before the court. Note that the pro se strategy is applicable in both federal and state courts.
Typical for Small Claims
Representing oneself in court is pretty typical in the small claims arena. By definition, small claims cases are subject to a fairly small monetary award. It would not be worth an attorney’s time to take a small claims case because the financial compensation would be far too little.
When larger amounts of money are involved, the stakes also tend to be higher. Both parties are more likely to utilize legal representation rather than operating pro se.
Key Considerations for Plaintiffs
Anyone thinking of filing a civil lawsuit should also think long and hard before choosing to represent himself. Winning in court without the help of an attorney is not easy, especially if the pro se party is facing a skilled attorney on the other side. As a plaintiff, there would be a few additional key considerations:
1. Court Complexity
Small claims court is more appropriate for pro se representation because it almost always involves simpler procedures. But outside of small claims court, civil courts can be very complex. They are governed by rules and procedures a typical consumer is unaware of. Running afoul of those rules and procedures could jeopardize a plaintiff’s case.
2. Potential Risks
The biggest risk of representing yourself in civil court is struggling with issues like procedural rules and legal arguments. You could struggle with presenting evidence as well. There is a real risk of your case being dismissed on the grounds of it not being strong enough to withstand court scrutiny. A worst-case scenario would involve the defendant counter suing and winning.
3. Resources
Civil litigation requires resources. You need time, money, and at least a basic understanding of civil law. Insufficient resources are likely to result in a pro se party offering a sub-par case. Without the time, money, and knowledge to put into the case, the party stands to lose big.
4. Enforcement
Let us say a pro se plaintiff prevails in court. A judgment rendered in his favor gives him the legal right to press forward in enforcing the terms of the judgment. Let’s use a money judgment as an example. Enforcement involves collecting the monetary award determined by the court.
All is well if the defendant immediately agrees to pay the award. But in the absence of voluntary payment, collection can be a long and frustrating process. One option for collecting is to bring in a specialized collection agency, like Salt Lake City’s Judgment Collectors. You could hire an attorney, but why would you do so after representing yourself in court?
Possible but Rarely a Good Idea
U.S. law allows parties in a civil lawsuit to represent themselves. They do not have to hire attorneys. But while representing yourself is legally possible, it is rarely a good idea. The court system is its own little world governed by a largely obscure set of rules. Attorneys know those rules inside and out. Plaintiffs and defendants, not so much.
