Lawyers in Small Claims

[Compuelf]

What is the name of your state? Iowa

I've gotten into a debate about the use of lawyers in Small Claims.

My possision is that you can have one with you, but it's rather pointless. The legal fees wouldn't be worth it. If the claim is enough to justify having a lawyer present, small claims probably isn't the right court to be in.

The person with whom I am debating takes the posission that no lawyers are permited in small claims court (unless they are the litigants or defendants) no matter what.

Which, if either, of us is correct.



Kent

 

[JETX]

Actually, neither of you are correct.

1) The advice (or even appearance) of an attorney by a party to small claims can be beneficial. An attorney not only brings a legal knowledge to court, but also a familiarity with the process and experience in how to progress the presentation. And in some cases, the legal fees can also be recovered from the defendant (assuming you win).
2) Some states bar attorneys from representation in small claims. Iowa is not one of those states and a party can have an attorney represent them.

Now, get back to your schoolwork.