I’m involved in a dispute with a neighbor. 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?
Whether it’s a good idea to hire a lawyer depends entirely on the specifics of the situation. Nevertheless, there are some general factors you may want to consider when deciding to hire a lawyer or represent yourself in a small civil matter.
As a general rule, when a dispute involves numerous complex and challenging legal issues, a lawyer who provides advice and representation and who protects your best interests can be invaluable. For example, if the suit involves large sums of money, significant property interests, or important personal rights, hiring a lawyer is more likely to be appropriate. While some judges may be understanding, trying to represent yourself in these kinds of cases could lead to any number of disadvantages, including small procedural errors that damage your position or cause undue delay in the resolution of your case. In addition to the experienced advice a 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., the 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, if the dispute with your neighbor involves only $500, the money you recover may not be enough even to cover the fees you owe your lawyer. You may be able to get the opposing party to pay your attorney’s fees, but seeking attorney fees is not available in all disputes, and other events (like a settlement before trial) may not include attorney fees.
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 next week’s column to learn how to file a case at the Justice Court.
This article appears in June 4 • 2004.