The Risks and Responsibilities of Representing Yourself
If you have decided to represent yourself, then you need to understand the risks you are taking if you go to court without a lawyer. Some of these risks include:
Keep in mind that some cases are better left to a trained professional!
The Responsibilities of Representing Yourself
When choosing to represent yourself you have many responsibilities to the court and to yourself that you must be aware of. This is an important decision, and much is at stake. The following are some of the major responsibilities that should be followed by any person who intends to pursue a solution to a legal problem without a lawyer.
You will have to follow the same standards that apply to a lawyer. Most rules that apply to lawyers also apply to you. There is generally no special treatment because you are representing yourself. Any failure to comply with the court rules or filing requirements may cause the court to rule against you or dismiss your case.
You must be able to understand the basics of the legal process. The legal system is a complex thing to understand. All decisions you make in preparing documents to be used during the trial will affect the outcome. To be successful you need to have a grasp of how the legal system works.
You will have to do your homework. Representing yourself requires a lot of preparation time outside the courtroom. You must gather evidence, fill out forms, and sometimes do extensive legal research. Court employees can only provide a limited amount of assistance. They can answer questions about procedures and court requirements, but are unable to give legal advice.
You should know your case number. This is an important piece of information. You will need it every time you contact the court.
You will have to fill out all of the forms and paperwork properly. You will have to get the forms from the court or this Web site and read the instructions. After filling them out, they must be turned in to the proper office. Make sure each filing includes your signature.
You will have to pay the fees. Many of the forms cost money to obtain from the court and it may also cost money to file the papers when you begin your case.
You will be required to be on time. The court is very busy and has a schedule to keep. It is best that you arrive early and be prepared so the judge who is deciding your case does not waste time.
You must be available to attend hearings when they are scheduled. Being at the courtroom is essential to the case. Hearings are scheduled during the business day, so you may have to take time off from work.
You are required to give the other side copies of documents filed with the court. It is a requirement to share everything you file at the courthouse with the opposing party. Failing to do so may hinder your case.
You will have to be calm and objective as you present your case to the judge. If you do not remain calm, you may be unable to present your case effectively to the court. Even with your personal attachment to the case you must remain objective for the outcome to be satisfactory. You are not likely to get everything you ask the judge to order.
You need to maintain the integrity of the legal system. There is a restriction placed upon communication between the judge and parties involved in a case. The judge’s responsibility is to be impartial, so the judge cannot have any discussion about a pending case with only one side present. If anything needs to be discussed, both parties must be present. This will usually happen in the courtroom.
You need to keep a file. Every piece of paper that relates to your case should be kept together in a file. You will need to refer to these papers as the case progresses.
You should know all the deadlines for the case. If you miss any deadlines you may lose the case. There are deadlines for filing papers, serving the other party, and responding to court orders. Sometimes the judge will grant additional time if a request is made before a deadline passes.
You must be focused. Explain your arguments clearly and briefly. Do not talk about things that are irrelevant to the case. Always be respectful to the judge and to the other party.
If you have decided to represent yourself, then you need to understand the risks you are taking if you go to court without a lawyer. Some of these risks include:
- The rules that apply to experienced lawyers also apply to you; there is generally no special treatment because you are representing yourself.
- You may permanently end up with an outcome you did not want, or may need to hire an attorney to try to "undo" your unexpected result.
- You may put your property and/or your children at risk with potentially great consequences.
Keep in mind that some cases are better left to a trained professional!
The Responsibilities of Representing Yourself
When choosing to represent yourself you have many responsibilities to the court and to yourself that you must be aware of. This is an important decision, and much is at stake. The following are some of the major responsibilities that should be followed by any person who intends to pursue a solution to a legal problem without a lawyer.
You will have to follow the same standards that apply to a lawyer. Most rules that apply to lawyers also apply to you. There is generally no special treatment because you are representing yourself. Any failure to comply with the court rules or filing requirements may cause the court to rule against you or dismiss your case.
You must be able to understand the basics of the legal process. The legal system is a complex thing to understand. All decisions you make in preparing documents to be used during the trial will affect the outcome. To be successful you need to have a grasp of how the legal system works.
You will have to do your homework. Representing yourself requires a lot of preparation time outside the courtroom. You must gather evidence, fill out forms, and sometimes do extensive legal research. Court employees can only provide a limited amount of assistance. They can answer questions about procedures and court requirements, but are unable to give legal advice.
You should know your case number. This is an important piece of information. You will need it every time you contact the court.
You will have to fill out all of the forms and paperwork properly. You will have to get the forms from the court or this Web site and read the instructions. After filling them out, they must be turned in to the proper office. Make sure each filing includes your signature.
You will have to pay the fees. Many of the forms cost money to obtain from the court and it may also cost money to file the papers when you begin your case.
You will be required to be on time. The court is very busy and has a schedule to keep. It is best that you arrive early and be prepared so the judge who is deciding your case does not waste time.
You must be available to attend hearings when they are scheduled. Being at the courtroom is essential to the case. Hearings are scheduled during the business day, so you may have to take time off from work.
You are required to give the other side copies of documents filed with the court. It is a requirement to share everything you file at the courthouse with the opposing party. Failing to do so may hinder your case.
You will have to be calm and objective as you present your case to the judge. If you do not remain calm, you may be unable to present your case effectively to the court. Even with your personal attachment to the case you must remain objective for the outcome to be satisfactory. You are not likely to get everything you ask the judge to order.
You need to maintain the integrity of the legal system. There is a restriction placed upon communication between the judge and parties involved in a case. The judge’s responsibility is to be impartial, so the judge cannot have any discussion about a pending case with only one side present. If anything needs to be discussed, both parties must be present. This will usually happen in the courtroom.
You need to keep a file. Every piece of paper that relates to your case should be kept together in a file. You will need to refer to these papers as the case progresses.
You should know all the deadlines for the case. If you miss any deadlines you may lose the case. There are deadlines for filing papers, serving the other party, and responding to court orders. Sometimes the judge will grant additional time if a request is made before a deadline passes.
You must be focused. Explain your arguments clearly and briefly. Do not talk about things that are irrelevant to the case. Always be respectful to the judge and to the other party.