Representing Yourself in Court: Everything You Need to Know
Representing Yourself In Court
Can I Take Care of My Legal Issue Myself?
Not all legal issues require an attorney, but you can benefit from their knowledge, experience, and insight in many situations. Sometimes the best time to consult an attorney is before legal problems arise. Preventive law can help save you time and worry by eliminating problems before they wreak havoc on your life.
There are two broad legal categories.
- Criminal law involves offenses that are unlawful, whether federal, state, or local and are misdemeanors or felonies. Prosecutors are employed by a government entity, while a private defense attorney or public defender helps the defendant with their case.
- Civil law covers legal concerns that do not include breaking the law, such as real estate transactions, legal agreements, child custody, and divorces. In other situations, one party sues one who “wronged” them in some way. The lawsuit includes compensation for that “wrong.”
If you think you need a lawyer, it may be a good idea to contact one to see if they can help.
When You Should Get Legal Advice
Although the law permits individuals to handle their own legal matters and represent themselves in court, most people don’t understand the subtleties and ramifications of particular actions. If you choose self-representation, you can harm your case instead of helping it by going it alone. Here are examples of situations that legal representation is recommended.
Starting a Business
Starting a business, whether on your own or with a partner, is an exciting time. Although some structures don’t require a lot of paperwork, such as a sole proprietorship, they also don’t provide you protection. An attorney can help you determine whether an LLC or Corporation can best meet your needs. They can also assist with claiming trademarks, creating contracts and agreements, and filing for patents. If you are sued or must bring suit against a vendor, partner, or customer, having an existing relationship with an attorney can help you with the rules and procedures involved in addressing the business dispute.Handling a Car Accident Injury
If you were injured in a car crash through no fault of your own, the other person’s insurance company might try to settle the claim quickly. Companies often lowball the settlement amount and try to close the case before determining the extent of damage to your car and body. A car accident attorney is familiar with compensation rates and the law. When you talk with an insurance company with a lawyer on your side, you have the opportunity to recover damages and get the maximum compensation available.Addressing Criminal Charges
Facing criminal charges is a frightening prospect. If there is a chance that jail, large fines, or collateral consequences are possible, you can benefit from having an experienced criminal attorney represent you. They are familiar with not only criminal laws but also the detailed workings of the court system. A lawyer can devote resources to hire investigators, talk with witnesses, do legal research, and gather documentation that can help them develop a strong defense strategy. They can defend you against the charges brought by the prosecutor and negotiate for reduced charges or a lesser sentence.Handling Wills and Trusts
- If you die without a will, the court decides how to distribute your property. If you are married, have children, or assets, such as a home, car, and bank account, a will can help avoid conflict among family members when you die and reduce probate costs. A lawyer can offer advice on estate-planning strategies, naming an executor, and ensure it meets legal requirements.
If you believe assets are not being distributed according to a loved one’s wishes, an experienced estate attorney can help you in probate litigation. They can help you protect assets from undue influence and fraud. If minors have been catastrophically injured, a lawyer can also help you establish guardianships and conservatorships.
Claiming Workers’ Compensation Benefits
When you are injured while completing job duties, you may be entitled to workers’ compensation. However, if your employer denies your claim, doesn’t pay benefits promptly, or any of a broad range of issues, having an attorney is critical. They can help you file a claim and protect your legal rights if your employer retaliates or doesn’t cover all of your medical bills and lost wages. If your claim is denied, an experienced lawyer can file an appeal and help you through the process. If you are involved in a hostile or complex divorce, are filing for bankruptcy, are engaged in real estate transactions, or have other major life events, an attorney’s services can be essential for protecting your best interests.When You Don’t Require Lawyers
You can benefit from the advice of an attorney in most legal situations. However, there are a few that do not require it.
Small claims court is a public forum where people can have legal disputes heard. Usually an informal process, a judge listens to both sides tell their side of a civil conflict. These cases often involve small dollar amounts and may include:
- Collection on loan repayments or other debts
- Claims regarding the return of personal property or a security deposit
- Charges involving unlawful eviction or eviction notices
- Professional negligence claims, such as bad car repairs
Traffic tickets for infractions typically do not require counsel. However, if the offense results in license suspension or skyrocketing insurance rates, you may want to retain a lawyer who specializes in this area. They can often help get the ticket reduced to a non-moving offense. If someone is suing you and you don’t want to contest it, you do not need an attorney. You can plead no contest or allow a summary judgment to be issued against you.
Although you may not require an attorney, asking for advice before moving forward without one can help you avoid unnecessary fines and complications. If you don’t use a lawyer, there are other ways to solve grievances. Some communities have officials whose job is to mediate and resolve minor consumer, employment, or landlord/tenant issues. A private counselor or member of the clergy may help you solve or prevent many family issues that may appear to be legal.
When You Need a Lawyer, Contact RMK Law
The skilled attorneys
at RMK Law Firm
offer personal attention and expertise in a variety of legal areas, from business and commercial disputes and medical malpractice to product liability, personal injury, and estate litigation. Contact us online
or reach out to our law office by phone at (406) 601-1400
to schedule a free consultation. We will review your case and help you determine if hiring a lawyer is right for you.
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