Going to the court with out lawyer? Can handle the case myself?

Being involved in legal cases inevitably generates stress. Nobody wants to go to court due to the time and expenses involved, especially considering the “lawyer fees”. One has to carefully weigh the pros and cons of hiring a lawyer and filing a lawsuit. How much does it cost to hire a lawyer? Will the lawsuit be worth it?

Today, I will introduce in case you might not be comfortable hiring a lawyer and discuss the alternatives available.

Table of contents

Why do we need lawyers?

Can you handle a case without a lawyer?

No lawyer in the civil case

No lawyer in the criminal case

Do the case yourself 

Why do we need lawyers?

First and foremost, let’s explore the importance of having a lawyer before we weigh the decision of whether to hire one or not.

  1. Not being well-versed in the realm of law, despite the fact that nowadays finding legal information is much easier than before due to the abundance of online resources, law remains a complex matter. There are numerous exceptions within exceptions, and even the information we find on the internet might not necessarily be accurate. Hence, a true legal professional, the lawyer, plays a crucial role in assisting us.
  2. Not understanding the processes and steps, when dealing with an actual case or being in court, everything can happen “very quickly.” This is because everyone involved comprehends the procedures, has planned well, and converses in the language of the law. Therefore, without a lawyer, we might become confused and fail to understand the procedural aspects of the court.
  3. The opposing party has a lawyer. That’s precisely why having a lawyer is essential, as, without one, our confidence wanes. We are uncertain whether our decisions might put us at a disadvantage or not.

This is just an example, but I believe everyone is well aware that having a “lawyer” is better, as illustrated above.

Can you handle the case without lawyer?

Starting a legal case does not necessarily require a lawyer, that’s correct.

Indeed, the law does not mandate that we must have a lawyer to initiate legal action, not even for a single sentence. However, the benefits mentioned earlier often lead us to engage a lawyer to file a lawsuit on our behalf, which is common practice.

Therefore, if we are capable of studying and preparing court documents ourselves (which, in practice, can be quite challenging – even law graduates often take a considerable amount of time to draft and then pass their exams), we can indeed file a complaint in court on our own.

Subsequently, when the time comes for court proceedings, we can present witnesses and evidence ourselves.

Let me provide a simple example. If a lawyer wants to file a case (a case involving themselves), they aren’t obligated to hire another lawyer to represent them. This is because they already possess the knowledge and abilities required for handling a case.

This is just a straightforward illustration to show that if a lawyer wishes to initiate a case (one involving themselves), they don’t necessarily need to hire another lawyer to represent them. This is because they already have the knowledge and skills to handle the case.

No lawyer in the civil case.

In civil cases, the police are not involved. Therefore, when we report the case to the police, they would advise us to “seek a lawyer.”

However, in situations where the damages are not significant, we might not have the financial capacity to hire a lawyer or find that the cost doesn’t justify the losses. In such cases, we can directly file a civil case in court.

Currently, the process has been made more convenient by allowing online submission through the court’s system. The detailed steps and methods can be explored in the article here  >>> “Steps and Methods for Filing a Lawsuit Online by Yourself.”

Nevertheless, before proceeding with any typing or filing, it is recommended to consult with a lawyer first. This is “important.” Many lawyers offer free legal consultations, although they might be limited by time. Alternatively, you could contact the “Bar Association” for advice on legal matters pertaining to the public.

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No lawyer in the criminal case.

Criminal cases involve situations where imprisonment is a possibility. Currently, online filing for such cases is not available. Additionally, preparing a comprehensive document to submit to the court isn’t easy. Unless you are a lawyer or studying law, it’s quite challenging to manage.

In this context, it’s advisable to rely on our police officers. You can go and report the incident at a police station near your home or the location of the incident. There’s no need to worry about reporting to the wrong jurisdiction. If you happen to report incorrectly, the police can direct you to a station within their jurisdiction. Don’t tire yourself out trying to figure out locations; just use your taxes wisely.

Once the police have gathered evidence in a criminal case, they will send the case to a prosecutor for further handling. The prosecutor’s role is similar to that of a lawyer in court, and you won’t need to hire a lawyer yourself.

Prosecutors are highly knowledgeable and capable, as the process to become a prosecutor is extremely competitive. Therefore, you can have confidence in their abilities and relax.

Do the case yourself

Exercising the right to self-representation, whether in civil or criminal cases, is possible when the matter reaches the court.

The process of self-representation involves several steps, which can’t be easily summarized. However, a clear scenario is the act of “examining witnesses” or “questioning witnesses.” It can be termed as per convenience.

It involves us posing questions to witnesses or opposing parties, who provide truthful answers to the court. We can prepare for this as follows:

  1. Gather essential evidence.
  2. Prepare the questions.
  3. While questioning, have the evidence on hand to present. This prevents them from evading the question.

Even if we have a lawyer, we can write down the questions or what we wish to ask and have our lawyer pose those questions for us. After all, lawyers are our “representatives” in the legal process.

Sumarize

To summarize, while it might be challenging to exercise self-representation or file a lawsuit, advanced legal knowledge is necessary. However, the law doesn’t mandate everyone to have a lawyer. Having a knowledgeable lawyer can provide comfort, security, and a sense of preparedness.

Nonetheless, if for any reason we don’t want to hire a lawyer, we can proceed with our case ourselves, whether it’s a civil or criminal matter. Even if we’re facing criminal charges, there are volunteer lawyers appointed by the court who can represent us for free.

Article by Champ lawyer 

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