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Go With A Pro or Save Some Dough? The Fallacy of Going Pro Se

http://www.wilsonbrownlaw.com/go-with-a-pro-or-save-some-dough/<br>Our legal system is set up in such a way that defendants and plaintiffs are not barred from representing themselves before the court. The idea of going Pro Se is that the litigant either believes the proceeding will be so clear cut that self-representation will be just as easy as hiring a licensed attorney, or they feel they simply can’t afford the expense of securing legal representation.<br>

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Go With A Pro or Save Some Dough? The Fallacy of Going Pro Se

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  1. HERE ARE A FEW CONVINCING REASONS TO CHOOSE A PROFESSIONAL RATHER THAN CHOOSING TO REPRESENT YOURSELF: The law states that individuals are able to represent themselves in a court of law and forfeit their right to legal representa- tion. The legal term for self representation is “Pro Se,” and it’s not an uncommon choice for many Americans. Many Pro Se cases involve bankruptcy and divorce, likely because the litigants involved believe they can handle these issues them- selves without paying for an attorney. Though the initial notion to save some money by representing yourself may be tempting, going Pro Se is difficult and will cost you many frustrating hours of arduous research and paperwork. What’s more, there’s a significant chance you’ll miss out on full compensation or your best possible outcome. 1. Professionals Are Just That: Professionals Professionals and legal experts often suggest hiring a competent attorney to represent you in any legal matter. The reasons are quite clear. The world of law can be a confusing one, and one that’s best under- stood by those who speak the language and who live there everyday. 4. Lawyers have skills and tips that can help you. Legal professionals not only have experience, they also have access to libraries full of books and documents which can help you in your case. If there’s a chance for a higher judgement, they’ll be able to find it. You may end up earning enough to dramatically offset the cost of hiring professional legal representation. 2. Only legal professionals can offer legal advice When you go Pro Se, you’ll be spending a lot of time filing paperwork with court clerks and other govern- ment employees, none of which will be able to advise you or point you in the right direction. When you go Pro Se, you go alone. 5. Be taken seriously in court. The legal system is meant to be impartial to all parties. Yet there have been instances where Pro Se cases have been barred from courts. Some common complaints of Pro Se cases? Incomplete paperwork, illegible paper- work, tardy or absent litigants, and a failure to under- stand one’s legal consequences. Hiring a legal team means you’re ready to be taken seriously as you fight for your best possible outcome. 3. Professionals are separated from your circumstance. Some cases can be highly emotional, and sometimes these emotions can cloud your judgement. Profes- sionals are accustomed to cases like yours and will see many more after yours. They know how to work towards your best possible outcome. WHYCHOOSEAPROFESSIONAL? 1. GET TO CHOOSE WHICH PROFESSIONAL REPRESENTS YOU 2. ACCESS TO EXPERIENCED AND KNOWLEDGEABLE LEGAL ADVICE 3. BETTER CHANCE OF WINNING YOUR CASE 4. MAY RECEIVE MORE FROM YOUR SETTLEMENT WITH A PROFESSIONAL REPRESENTING YOU. CASES IN DISTRICT COURTS THAT WERE FILED BY SOMEONE REPRESENTING THEMSELVES. 2.5% 2013 In the state of Texas, fewer people are choosing to represent themselves in district courts. 2.9% 2009 In 2013, only 2.5 percent of new cases in district courts were filed by someone representing themselves. This number has dropped since 2009 when 2.9 percent of all new cases were filed by individuals. Courts, judges, deputy clerks, etc., are not legally allowed to give you any legal advice. Though you’ll have some interaction with these people as you file your paperwork, only attorneys are allowed to give legal advice. Without this advice you’re left to make your own assessments or, perhaps worse, rely on information gathered online. One Texas Supreme Court Chief Justice described the challenge facing pro se litigants, saying they, “...must navigate the tangle of rules and precedent of their own, often forfeiting their rights on legal technicalities that might easily have been cured.” Going solo means your are 100% responsible for protecting yourself, meaning you win or lose by your own decisions and research. COMMON COMPLAINTS JUDGES HAVE ABOUT PRO SE CASES: PAPERWORK COURT PROCEEDINGS Many Pro Se litigants don’t have courtroom experience, and may not understand the way they should conduct themselves here. What’s more, these litigants often have trouble presenting their case in an efficient and meaningful way. ATTENDANCE A great number of Pro Se litigants are either tardy to the court house or choose to skip the date altogether. This has earned Pro Se litigants a poor reputation. It’s often illegible or difficult to understand, and that’s when Pro Se litigants complete the right forms. Much of the paperwork submitted is unnecessary. Wilson Brown, PLLC has 25 years of experience serving clients throughout the San Antonio area. Call 210-787-4637 for a free case consultation.

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