Represent Yourself in Court

INTRODUCTION

The first questions – and rightly so – when you are involved on either side of a dispute are whether you can deal with it yourself and what help is going to be available, if needed. The answer is likely to be that most people need not be disadvantaged in most situations by self representing – being a litigant in person – although there will be exceptions. Help will be available and that is what this book is all about.

There can be a number of reasons for not employing a lawyer. One will often be financial. Lawyers are extortionately expensive. You may simply not have the money available. Even if you do, your case might not justify the money which would be involved. Otherwise, you may wish to keep control of your case or from past experience not have had a happy experience with lawyers. More and more people are now acting for themselves, and with the legal information available online and elsewhere you will not be alone or be at any particular disadvantage.

Dealing with a legal case is however demanding. It is time consuming, and you are going to need to invest a considerable amount of your time working on your case. Preparation and concentration on the many pre-trial procedures is going to be the key to success. The legal system is an array of procedures which have to be followed, and which can mean the difference between success and failure. Only a few cases ever make it to trial. Most settle well before, and are won or lost on the pre-trial procedures and manoeuvring.

If you think that the law and litigation is difficult, you will be right. It should not be embarked upon lightly. It is not easy, but it is most unlikely that your case will depend on arguing the law and legal issues. Your case is more likely to turn on the facts and how you present them to the court. You do not need legal training to do this – only common sense. Any law needed can be researched and is likely to be available online. If not, it can be ‘bought in’ at small cost. If you have common sense and can combine this with life experience, you will, providing you have the time and commitment, be able to deal yourself with most legal disputes. Most only require rational, logical thinking with organisation and basic administrative skills. You should not allow yourself to be intimidated by the complexity of the law. In the rare case which turns on a legal issue and goes to trial, you will be able to rely on the judge to identify the issue, explain it to you, and deal with it appropriately.

CHAPTER 1. FIRST CONSIDERATIONS
It is essential to be aware that if you bring a legal action against someone and do not succeed, you could be ordered to pay their costs of defending the claim, apart from in family, employment and small claim cases. If you defend a claim against you and do not succeed, you could likewise have to pay significant costs.

There are three crucial aspects to any civil dispute: first, the evidence – the facts surrounding the dispute – ; secondly, the relevant law when applied to those facts; and thirdly, the tactics to be applied to the case.

Of these, the most important is usually the evidence, as very few cases are won without strong evidence to support the winner’s arguments. Never lie and don’t exaggerate. Decide at the beginning what your case is and don’t change.

Contd.