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The Common Law

Small Disputes – Should I Hire a Lawyer?

By Luke Ellis, Fri., Nov. 4, 2011

I'm involved in a dispute with my former landlord. He owes me the entire $700 security deposit I gave him, but he says he doesn't have to return any of it. Friends have suggested that I hire a lawyer, but I'm leaning toward dealing with the issue myself. When would I want to get a lawyer rather than handle the matter on my own?

There are several general factors to consider when deciding to hire a lawyer or represent yourself in a civil matter. When a dispute involves complex and challenging legal issues, legal counsel that provides advice and representation and protects your best interests is invaluable. If the suit involves large sums of money, significant property interests, or important personal rights, hiring a lawyer is more likely to be appropriate. Attempting to represent yourself in these kinds of cases could lead to any number of disadvantages, including procedural errors that damage your position or undue delay in the resolution of your case. In addition to the experienced advice the lawyer can offer, he or she will take on a lead role in advocating for your best interests. From a practical standpoint, this means that your "hassle factor" (i.e., your personal time and aggravation necessary to handle the dispute) will be reduced because your lawyer will handle issues like communications with the opposing party.

Alternatively, from a financial standpoint, it may not make sense to hire a lawyer to assist in your dispute. For example, assuming that the dispute with your previous landlord is over $700, the money you recover may not be enough cover the fees you owe your lawyer. You may be able to get the opposing party to pay your attorneys' fees or additional damages beyond the $700, but seeking attorneys' fees is not available in all disputes and other events (like settlement before trial) may not include attorneys' fees.

Ultimately, whether it's a good idea to hire a lawyer depends entirely on the specifics of the situation. If you prefer to handle the matter yourself because the dispute involves a relatively small amount of money, one option is for you to file a lawsuit with the Justice Court (small-claims court). Read previous "Common Law" columns to learn more about representing yourself in small-claims court.

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