Going Pro Se: What are the costs?

Note: This is the second in a series of posts designed to help a person who is deciding whether to hire an attorney for a legal matter.

In my prior post, I cited an overview of factors that one should consider in making the decision whether to hire an attorney. Here I want to focus on cost. By cost, I mainly mean financial costs- we can get to consequences (which are "costs" of failure) in just a bit.

First, think about the value to you of getting this matter resolved. Do you know what the nature of your legal matter is? Is it simple or complicated? Does it involve going to court? Does it involve filing anything with the court? How much money is involved?

Next, think about the costs of hiring a lawyer. Do you know how much legal representation might cost? Do you know if you would have to pay it up front?

Finally, think about your willingness to handle the matter yourself if need be. Does the thought make your stomach turn, or is it actually interesting and challenging? Keep in mind that in New Jersey there are pro se kits available to help you pursue many matters yourself.

There are certain times when this decision isn't going to be so hard. For example, filing a $500 lawsuit in small claims court probably isn't a job for an attorney, and unless you're a lawyer you wouldn't want to handle a $1,000,000 civil rights suit by yourself, especially when a lawyer might be willing to take the case on a contingency basis (in other words, the lawyer gets paid when you get paid). Where it gets complicated is on the edges there somewhere between my two extreme examples. The only way for you to know for sure is to think about it, plan, and ask yourself what you're willing to do yourself. Law, as in many other industries, is cheaper when you DIY, but it can also leave you prone to confusion and errors.