Many people are unaware of the advantages and ways in which a lawyer might aid you in a certain circumstance. Similar to this, many people are unaware of whether it is proper to submit a claim or lawsuit without a lawyer.
Many times, people have good reasons to file a lawsuit, but they choose not to do so. This is because they are unsure of their ability to do so and are worried about the cost of a lawyer. This indicates that the problem may frequently go unresolved and that they might not receive just compensation.
Let’s examine the advantages and drawbacks of using a lawyer versus handling cases on your own.
Handling cases on your own
It is possible to manage a case on your own, but you should use caution. It is possible to represent yourself in court if you feel that you must. There are several justifications for self-representation without counsel, which are as follows:
- In criminal proceedings, the court will appoint a lawyer for you, such as a public defender, if you are unable to pay for one. However, in civil matters, you do not have the right to a court-appointed lawyer. As a result, you must represent yourself if you cannot afford counsel.
- Even if they could afford a lawyer, some people decide to represent themselves. This is because they believe they can successfully manage the matter on their own.
- Everyone in small claims court is a self-represented party. The reason is that you are not permitted to have legal representation in such proceedings.
Whatever your motivation is, you have the legal right to act as your advocate in every Nigerian courtroom. By speaking for oneself, you receive certain specific advantages.
Before accepting your case, many lawyers may demand that you pay them a set amount in advance. Nothing will be free unless you can hire a public defender. However, many lawyers may provide flexible payment options as part of their fee agreements. The cheapest alternative is to represent yourself, although you will have to pay some court charges and filing fees.
Additionally, a lot of defendants believe they need their “day in court,” or a chance to express themselves honestly about the situation and their sentiments. Without a lawyer present, speaking will be much more comfortable for you.
But it does not imply you should represent yourself just because you can.
You must understand the issues involved in your case as well as what you will need to know and do to handle it on your own.
What factors should you think about before handling cases on your own?
The difficulty of representing yourself will vary depending on your particular circumstance. Many individuals have effectively advocated for themselves. Others who went to court discovered that their cases were more intricate or that the legal process was more challenging than they had anticipated. When choosing to represent oneself, keep the following in mind:
1. Do you excel at filling out paperwork?
Do you, for instance, fill out your income tax forms? These are some tricky forms to fill out. Additionally, there are instances where you must submit a “motion“. This is a written statement outlining your request to the court.
Without the assistance of the court, you must draft these written documents. Every form and document submitted to the court must be simple to understand. They must be typed, if at all feasible, and adhere to the requirements of the court.
2. Do you properly adhere to deadlines?
Courts follow a set timetable. You must adhere to the deadlines set by the court. You are required to show up in court when it is scheduled, regardless of other obligations you may have, such as a job, childcare arrangements, or other personal duties.
There will be repercussions if you don’t follow court deadlines and procedures, and you might miss your chance to have the court hear your case.
3. Do you feel at ease speaking in front of others?
You must be able to speak in front of others in a formal environment about your experience. You could be questioned and have your account of events refuted by the judge, the opposing party, or that party’s lawyer. You must maintain your composure because some problems are quite emotional.
4. Do you have any written evidence or eyewitnesses to support your claims?
All supporting documentation for your case must be gathered, organized, and brought to court. Additionally, you will need to get your witnesses ready for court. Whether or not you can present this material in court and how to do so are governed by intricate rules of evidence.
5. Are you willing to dedicate time to conducting research in a library or online?
Learning about the law, processes, and regulations is typically necessary. You might need to perform research on a range of topics. This includes whether or not the court can assist you to solve your problem and how to present your case to the judge.
6. Has the opposing party hired counsel?
Lawyers are skilled professionals. Many people devote years to studying the law and learning how to present cases in court. Even if you might be competent to handle your case, it might be harder for you if the other side has a lawyer.
Risks involved in handling cases on your own
It is not recommended that you represent yourself because doing so has several dangers and decreases the likelihood that you will achieve your goals. If you weren’t seriously injured or suffered little property damage, it might seem more efficient to represent yourself in court.
However, taking on any case, no matter how small, takes time, can be stressful, and can harm the outcome. Some of the dangers of managing your case include the following:
- The biggest risk is losing your case because you did not follow all the procedures necessary to get your case to trial. This can result in the case being dismissed. Or you did not fulfill all the technical standards to prove your case at trial.
- It is almost certain that the opposing team will be represented by a legal team or a lawyer who has vast legal knowledge. They will be much more knowledgeable about the law than you are, and they will have all the tools necessary to successfully prosecute you. You will already be at a disadvantage because you lack legal representation of your own.
- If you’ve been charged with a crime, you need someone by your side who can handle charges that you might find distressing or unpleasant while remaining composed and level-headed. You run the danger of becoming defensive, irate, and irritated when the charges or supporting evidence are presented to the court if you represent yourself in court.
Your every word, deed, and gesture will be scrutinized in court, and the way you respond may adversely affect the verdict of the judge or jury.
- The judge will probably require you to pay the losing party’s high-priced legal bills and court costs if you lose your case. Sometimes the expense of suing exceeds the amount sought in the lawsuit.
- A judgment will be recorded against you if you lose and must pay the opposing side’s costs. This implies that you now owe the other side money rather than receiving compensation or some other type of relief.
- A judgment has a 10-year lifespan and can be extended an unlimited number of times for another 10 years until it is satisfied. It may lead to additional forms of collection, such as property liens, bank account levies, and wage garnishment.
If you’re thinking about representing yourself, you need to be very at ease speaking out for yourself, and even more so when things get heated and complicated during the trial, which they almost always do.
These are a few of the reasons it is recommended to work with a seasoned lawyer rather than defending oneself in court. As no two cases are ever the same, you’ll probably arrive with a lot of theoretical information that might be unhelpful. It should be avoided at all costs because the risk involved is not worth it.
Hiring a lawyer
Hiring a lawyer is the greatest approach to guarantee the finest result. In general, hiring legal assistance is in your best interests. They are there to assist you, taking a lot of the burden and work off your shoulders. They are very knowledgeable about the legal system and how to manage your lawsuit to achieve the best outcome.
Hiring a lawyer is often your best option if you want to get paid what you are due because they are specialists in this field. Never try to handle your accident case, especially if it involves medical malpractice, serious or life-altering injuries, or damage caused by a defective product. These are complex, challenging matters that demand expert knowledge to effectively investigate and defend you in court.
People frequently worry about the price of hiring a lawyer, but since a lawyer knows the legal system and various cases like the back of their hand, you are likely to be well compensated and can therefore easily afford lawyer charges.
It is essential to have an initial consultation with a lawyer to understand more about the process and the fees before making a hasty decision to represent yourself in court. Lawyers’ costs are frequently less expensive than one may imagine.
Types of situations where hiring a Lawyer is required
1. Cases involving professional negligence
According to the law, you must show that a doctor or a professional violated the duty of care owed to you. It is also shown that you suffered damages as a direct and immediate result of the violation. This is if you are claiming medical malpractice or another type of professional negligence.
You will need expert witnesses to demonstrate these legal criteria because they are exceedingly difficult to do so.
First off, expert witness costs are prohibitive. The expert witness will typically be hired and paid upfront if you have a lawyer representing you on a “contingency” basis. This means the lawyer only gets paid if you win, which implies that you won’t have to pay the lawyer back until the case is done. You may not be able to afford the specialists you need to support your case if you are defending yourself without a lawyer to advance these charges.
Additionally, obtaining an expert witness and proving to the court that the witness is an expert can be quite difficult. This should be handled by a skilled and knowledgeable lawyer.
2. Construction defect cases
To support or refute the charges in a complaint, expert witnesses are frequently called in construction fault lawsuits. This might not be accurate in a minor instance where the homeowner hired a handyman or contractor to complete a single task on the property, and that task was completed entirely by that individual.
For instance, if you hired a roofer to install a new roof and the new roof leaked, you might be able to sue the roofer without the assistance of a lawyer or expert witnesses if you can demonstrate that you did the following: hired the roofer to install the new roof; paid the roofer; the roof leaked; the leaks caused damage.
However, proving who is at fault when something goes wrong becomes very difficult if you had multiple people working on your house. This includes people such as a structural engineer, an architect, and a general contractor who, in turn, hired subcontractors and bought supplies from various suppliers. You would most likely need an expert witness to determine the fault and explain it to the court.
Additionally, even though they are typically not as expensive as medical specialists, construction experts can be very expensive, particularly if you require a large number of specialists in several fields. For instances of this nature, expert fees can reach hundreds of thousands of naira.
Some lawyers will accept claims involving construction defects on a contingency basis, although the majority bill by the hour. Depending on the circumstances, you might be allowed to work with a lawyer on a limited basis to assist you with some aspects of the case while doing others on your own.
3. Cases involving real estate with opposing titles
Real estate disputes involving allegations of fraud, such as those in which there is a competing claim to real property are very complicated. They are typically too complex for someone without extensive legal education and expertise.
Additionally, even if you prevail, if you err when drafting the final order (in civil disputes, it is typically up to the parties to draft orders), the title insurance provider may refuse to insure the title. This would thereby block you as the property owner from selling or refinancing.
4. Cases involving allegations of unfair termination or discrimination in the workplace
You’ll probably need a lawyer if you’re suing your employer for wrongful termination or employment discrimination. These lawsuits are difficult to prove, and the employer’s lawyers typically fight them fiercely.
You need a lawyer experienced in the direct and cross-examination of witnesses as well as the rules of evidence if you want to win this kind of case.
5. Administrative writs and appeals
The court’s ability to consider cases in which a party challenges a final judgment rendered by an administrative body or hearing officer is severely constrained. A lawyer can advise you on your options and determine if the record provides a solid foundation for an appeal.
6. Additional types of cases
Since the law or procedure is highly complicated or because it would be expensive to bring the matter to trial, there are other types of cases that are difficult or impossible for non-lawyers to win.
Benefits of hiring a lawyer
Not every legal situation calls for the assistance of a lawyer. However, you might not want to take the chance of going it alone without the guidance of an expert lawyer who can assist you in many other circumstances. These involve legal conflict, challenge, or settlement.
While competent legal counsel may not be inexpensive, it can save you from a variety of tricky situations. They include a terrible divorce, a lost job, etc. Even though each person’s legal circumstance is distinct, there are several instances in which you want to retain legal counsel.
Omitting to consult a lawyer in some circumstances may result in a breach of contract, the failure of a claim, or even the imposition of jail time.
Here are some top reasons why hiring a lawyer is the very best thing to do:
1. The law is difficult
In some situations, it’s probably not appropriate for someone who isn’t a lawyer to act like one. Even seasoned lawyers rarely speak for themselves in court.
Additionally, lawyers frequently focus on one or more legal practice areas, such as tax law or criminal defense. Without the assistance of a knowledgeable and dispassionate lawyer, a strong case can swiftly fall apart.
Similar to this, omitting to consult a lawyer before beginning a business, examining a contract, or engaging in other activities that could have legal repercussions can lead to difficulties that might have been avoided.
2. Not having legal counsel could cost you more
What is at risk? While a civil case may cause you financial harm, a criminal case may determine whether or not you are sentenced to prison time. In addition, many civil lawyers won’t receive a penny from you until they win your case.
Additionally, as a plaintiff in a civil action, you might be entitled to deduct legal expenses, so hiring a lawyer might even be profitable for you.
3. Lawyers understand how to overrule evidence
Without the appropriate legal expertise, you might not be able to determine whether a crucial piece of evidence against you was obtained illegally. You can’t determine whether a witness’ testimony conflicts with previous statements. And was the evidence handled correctly by the crime lab at every stage? Your lawyer will learn and might get such evidence concealed.
4. The wrong document or improper procedure filing could destroy your case
If you’re not a lawyer, you can find it difficult to follow the deadlines and procedures for correctly completing and filing several legal paperwork. A single late or inaccurate submission could jeopardize your case. Also, it could prolong a specific legal process, or even worse, result in the case being dismissed entirely (and not in your favor).
5. They have access to the experts and witnesses you’ll require on your side
Lawyers rely on a wide network of specialists to support the cases of their clients. The majority of non-lawyers aren’t personally familiar with the kinds of experts who can aid in the discovery or refute evidence or testimony provided by the other party.
6. Your strongest case may be presented by a lawyer
Even in cases where there is direct evidence against you, there are other options besides pleading guilty or admitting culpability. When you employ a lawyer, they can assist you to understand all of your alternatives and prevent potentially serious consequences even before a trial even starts.
7. Preventing issues before they arise is always preferable to fixing them later
In many cases, engaging a lawyer will help you steer clear of future legal snags. Do you truly comprehend the details of the contract you are about to sign and what they signify for you in the long run? A lawyer will understand.
8. Lawyers are skilled negotiators when it comes to plea deals
An experienced lawyer has undoubtedly dealt with situations like yours before, or at the very least is knowledgeable enough to make an educated guess as to how it might be decided at trial. It makes more sense to take your case to trial sometimes than it does to settle.
Additionally, a lawyer can assist in negotiating a reasonable settlement with the other side.
9. The other party most likely has legal counsel
When dealing with another party who has legal representation or going up against opposing counsel, non-lawyers are typically at a disadvantage. As was previously stated, the law is intricate. Therefore, a lawyer for your enemy (or even a party who is not an adversary but enters into a legal agreement with you) will take advantage of this unfairness.
10. Many times, lawyers offer a free consultation
There is no harm in speaking with a lawyer because many would provide a face-to-face consultation at no cost to you. A free consultation will assist you to determine whether you truly need to engage a lawyer. They do this by giving you an indication of the type of case you have and its anticipated conclusion.
Bottom Line
Managing your case adds a great deal of stress when the person should frequently be concentrating on their health and recuperation. Certain situations are straightforward. Others are challenging and intricate. When considering whether to proceed without legal representation, you must take into account the difficulties and particular concerns involved in your case as well as what is at stake for you.
As your case develops, you may have the choice to employ a lawyer to represent you if you discover that doing so would be too challenging. To ensure that your case has some possibility of success, it is always better to speak with a lawyer before bringing a lawsuit.
For a nominal cost, you can receive a short consultation with a lawyer through the majority of local bar associations through their lawyer referral and information services. Your court’s self-help facility may also be able to provide you with some information.
Agatha legal is an alternative if you need any legal assistance. This agency provides cost-effective assistance in resolving all of your legal difficulties, whether they are personal or corporate. We are always on call, so whether you require legal counsel for an offense or a disciplinary hearing, we will be by your side. Check out Agatha Legal to know more.
