Going "pro se," (also known as "pro per" in some states) or representing yourself in a legal proceeding, can be one of the more intimidating things that you'll ever do. Even though you are not an attorney, you may be held to a similar standard as those attorneys who eat, sleep, and breathe the type of law you're experiencing for the first time. There are judges that don't care that you're only dipping your toes in the water; if you're not doing it right, you will be all wet.
Most legal research online is designed for the person who is at least considering going pro se. Attorneys like me will post articles on the web purporting to explain certain issues, and at the end recommend that you see a lawyer. Most of the time, they're right. Ultimately, however, the judgment call is up to you. When should you chance it? When should you find yourself an attorney and accept the cost of doing business?
There are, as always, several factors to consider- but it all comes down to what you'll hear called in other contexts a "cost-benefit analysis." Oftentimes, a strategy as simple as writing down a list of pros and cons will allow you to make a more informed decision. Here are a few questions you might want to ask yourself. I will be trying to sketch out a few pointers on each question in subsequent posts.
- Costs- What is the cost to you in hiring an attorney?
- Consequences- What are the consequences to you of going it alone? What risks do you face if you make a mistake, or if you lose?
- Likelihood of Success- What are the chances that you can succeed in your claim?
- Context- What kind of subject matter are you dealing with? Do you have any knowledge in that subject matter?
