There is a famous legal saying, “One who represents themselves has a fool for a client.” (Abraham Lincoln) This implies that those who represent themselves in Court face severe disadvantages compared to a person who has retained an attorney to represent them in a case. In fact, roughly 72% of family law cases involve at least one self-represented party. Many times, parties who cannot afford an attorney have no choice but to represent themselves in their divorce case. However, retaining an attorney has substantial benefits that can directly affect the outcome of your case.
Why do I need a lawyer?
Attorneys Know the Legal Procedures, Laws, and Effective Legal Arguments
The most obvious advantage of hiring an attorney is that you are hiring an expert in the field. Attorneys are well-versed in the law, legal arguments, and the court system, including procedures and policies. The court system is daunting and intimidating to most people who do not work in the system. Drafting legal documents and creating legal arguments takes years of schooling, research, and dedication. It takes time to master the practice of law. Law, in its practical application, can seem like a whole new world. It has its own unique language to use effectively in a courtroom setting. Attorneys have gone through a grueling learning process to earn the ability to become an officer of the court. Their experience provides a tremendous advantage compared to a party that does not have an attorney. They have the knowledge and experience necessary to effectively represent their client.
Even the playing field
If the other side has an attorney, it is a very good idea to “even the playing field” by hiring an attorney of your own. I often see many one-sided cases where a represented party receives the most favorable outcome compared to a non-represented party. This is simply because the attorney knows the law and what their client is entitled to.
A self-represented party can be intelligent but may lack the time and training needed to put themselves in an advantageous legal position. One party with an attorney can often impose its will on another unrepresented party. This can have negative outcomes for the non-represented party. Attorneys also tend to negotiate very effectively with one another when both sides have an attorney. A benefit here is that the parties themselves do not have to communicate directly with one another. This can reduce tension and animosity. Having attorneys on both sides can narrow down specific legal issues and determine what the parties’ goals really are in the case. This leads to an effective resolution.
Conversely, in other cases, even if one side has an attorney, this can provide insight about legal principles and procedures to the non-represented party. This can expedite the resolution of the case. Having at least one legal professional in the process can make the divorce process quicker and easier to understand for both parties. Moreover, attorneys have the ability to focus their law firm resources and all of their time on representing a client. A person who represents themselves may have to juggle their own employment and other obligations, such as raising children. Hiring a legal professional can allow a person to focus on their own life. They can delegate imperative legal tasks that their attorney will be responsible for.
Being Impartial is Important in Law
Another disadvantage for people representing themselves is that they often lack the impartiality to handle their own case. In legal cases, avoiding bias while making legal arguments is essential. You should use laws and facts to present your case and not let personal feelings stray you off course. This is very difficult to apply when you represent yourself in your own case. You must put your own feelings aside to create a clear and convincing argument. Sometimes those who represent themselves argue with blinders on. They tend to be biased in favor of their own positions. It becomes hard to separate spite from objective facts when it comes to an ex-spouse. Attorneys are trained to be impartial and unbiased. They always apply the law to the facts while keeping their eye on the big picture.
Hiring an Attorney Does Cost Money
A professional attorney handles your case correctly, providing safety, stability, and assurance. However, it can be expensive over time. Attorneys will always take steps to reduce spending on your case when possible. They also can file legal motions to collect attorney’s fees in many instances. Attorneys know the law to collect reimbursements, child support, spousal support, and other monetary requests that an average person might not be knowledgeable of. By hiring an attorney, you are hiring somebody whose primary role is to focus on your case. They use the law and facts available to turn the tide of the case in your favor. Attorneys are also skilled in legal settlements. This can save tremendous time and money by avoiding litigation when not absolutely necessary. Settlement should always be considered in a case. Attorneys are well-versed in the art of negotiation.
In sum, there is no right or wrong answer when deciding to hire an attorney or not. Some people have the intellect, time, and resources to represent themselves successfully, but most people do not. If you would like to schedule a consultation with one of our family law attorneys, please contact our firm for a consultation.
