Small Claims Litigation Q. for IAAL

[kevinreece]

IAAL,
You were a big help to me before, and I'm hoping you can help me again now. If you remember, I'm from SC, and I was the guy taking one of my previous "employers" to small claims court for money they owed me. (I'm a 1099 employee.)

What I want to know is - do I need to have a lawyer at the small claims hearing? If not, will I be at a disadvantage if the defendants have one? I think I have good documentation, so I don't want to pay for a lawyer, but if you think I need one, then I'll get one.

Please let me know.

Thanks,
Kevin

 

[JETX]

My unsolicited $0.02 worth (and probably overpriced)....

Though it certainly doesn't hurt to have an attorney represent you (except in your wallet!), you shouldn't need one in Small Claims court. In fact, some states bar attorneys from representation. This is because the Small Claims court system is considered "The Peoples Court" and the states want to protect that basis.

The court should be lenient and recognize that you are not an attorney, and shouldn't hold you to that 'standard'.

 

[kevinreece]

Thanks!

I really don't think I need a lawyer present, because I've got very good documentation. But, if the other party gets a lawyer, how big of a disadvantage will I be at? I'm almost certain they will have one, because they've been in 3 lawsuits in the last year, and had one every time.

Thanks for your reply!!

Kevin

 

[JETX]

It is really very hard for any of us, who don't know you, the case or your evidence, to determine whether you need a lawyer just to counter their lawyer.

If you feel comfortable in a courtroom, are not intimidated by the presence of their lawyer, have a logical and organized case and presentation, able to play some serious chess (think a few steps ahead of the competition), you should do pretty well. If you are none of these, you will probably need a lawyer. The final decision is really yours.