Can you go to court by yourself, or do you need a lawyer?

After doing your homework, you can handle the most common procedures on your own.

Go to court by yourself!

Like it is for most people, going to court by yourself can be an intimidating journey. However, with the right information, you can navigate the complexities of the legal system on your own, ultimately saving both money and time.

Among the most common cases that you can handle by yourself and don't require a lawyer, we can list:

• Complaints against traffic tickets. How many of us haven't found ourselves facing abusive tickets and fines, but in the end, felt discouraged by the legal procedures?

• Debt recovery claims.

• Consumer protection-related claims.

• Registration of debts against an insolvent debtor.

• Divorce procedures and division of assets.

Don't feel discouraged if you didn't find your specific case on the list above: those were just a few examples. There are many other types of cases for which you don't need a lawyer, or at least not a ”full-time” one. In general, you can go to court by yourself in most of the common cases.

1. Understand what you need to do.

The first step is to determine the type of lawsuit you have. For most of them, it's quite straightforward, as there's a single type of procedure to follow. For example, if you've received a ticket, you'll need to file a minor offense complaint.

For others, there are various procedures available, and you'll need to choose the one that suits your situation. This applies to contractual breaches or tort liability. If you find yourself in the latter situation, we recommend consulting with a specialist first as initiating the wrong procedure can ultimately lead to loss of rights.

Regardless of your case, educate yourself about the laws and procedures that apply to your type of lawsuit. Resources like online legal guides, law books at the public library, and even free legal courses can provide a solid knowledge base.

If you want to ensure you've made the right choice, you can schedule an online consultation here. It's quick, secure, and won't cost you significant fees to hire a lawyer.

2. File the statement of claims or build your defense.

The two most important documents in any lawsuit are the statement of claims (the document under which the "plaintiff" initiates a lawsuit) and the answer in defense (the arguments of the "defendant"). In these documents, both parties present their positions, requests, and arguments. Based on these documents, the judge establishes the framework for the future proceedings.

These documents will be exchanged between the parties through the judge. If you're wondering how to write them, for the most common cases, you can find templates drafted by lawyers in the 'Court Applications' section on our website. If you donțt find the suitable template, you can request it by purchasing a 'Customised Document' or schedule an online session to discuss it with a lawyer.

3. Monitor the progress of your lawsuit.

All documents filed in your case will be communicated to you by courier or email. Specifically, whenever something happens in your case, you'll receive a notification from the judge, informing you of what has occurred and what you need to do next.

Similarly, when a court date is set, you'll receive a document called a "summons" which includes the date, time, court address, and courtroom where you need to appear. You can read more about summons in our future posts.

You can also track the progress of your case on the court's portal. Simply enter your case number, and you'll open a page that contains the solutions given by the court after each hearing, as well as information about upcoming hearings.

Recently, due to the pandemic, most courts have also implemented an electronic system where you can access the contents of your lawsuit, including the parties' documents in scanned format. To gain access to this electronic case file, you'll need to submit a request to the court where your case is pending.

4. Organize your evidence.

In law, what can't be proven doesn't exist. Gather all relevant documents and evidence for your situation, including contracts, correspondence, and any recordings that could support your arguments. Organize the documents in a simple manner so that you can present them effectively to the judge.

We must all be aware that judges are human beings with limited time and ability to assimilate information. The simpler and more logically you present your evidence, the better your chances of winning the judge over to your side.

5. Support your point of view with your words.

Yes, under the law, you have the right to go to court by yourself, without a lawyer representing you. In the courtroom, adopt a respectful attitude toward the judge and other participants, and when your turn comes, express your point of view clearly and concisely.

You don't need to use legal jargon. You won't lose the case because you don't know what "jurisprudence" or "lis pendens" means. As long as you present your arguments to the judge, they will translate what you say into legal terms and explain to you in accessible language what comes next. Most judges are friendly to self-represented individuals in court.

What can you do? Practice your arguments in advance and consider a "mock trial" with a friend or family member.

6. Know a few standard rules.

There are some common rules that apply to all lawsuits, regardless of whether they involve 10 dollars or 10 million, and regardless of their type. When you go to court by yourself and don't want to hire a lawyer, read, understand, and keep these rules in mind throughout your case:

• Choose the right location to receive communications from the judge.

• Pay the necessary court fees.

• Respect the deadlines.

• Choose for the lawsuit to continue in your absence, if you initiated the lawsuit.

• Be prepared for an appeal. In 99% of cases, the losing party will file at least one appeal.

We will write about all of these rules in future posts or explain them on our YouTube channel. If you need information before then, please contact us using the contact form.

We wish you good luck!