In times of economic uncertainty, it can be tempting to try to save a few bucks and handle litigation on your own. However, as Abraham Lincoln once allegedly said, “a man who is his own lawyer has a fool for a client.” Well, as it turns out Honest Abe might was right, as pro se representation may ultimately cost you more than it saves in the long run.
What does pro se (self-representation) representation mean? Well, when you decide to represent yourself, you are responsible for: filing court documents, understanding all procedural rules and laws, developing legal arguments and strategy, presenting evidence, examining, witnesses, responding to deadlines, and much more. Also, if you represent yourself, don’t expect any leniency from the courts as a self-represented litigant is held to the same standard as a reasonably competent attorney.
- The Florida legal system is chock full of rules and procedures that can confound and confuse even the most seasoned lawyer. A missed deadline could cause your case to be dismissed or severely weakened before it even has a chance to get going. Additionally, as a pro se litigant you may be unaware of certain legal defenses that could potentially help you win your case or obtain a more favorable outcome.
- Representing yourself can potentially skew your objectivity/decision making as you might find yourself too emotionally involved to make hard strategic decisions. When you represent yourself you will be making every decision in the case, and if you don’t have a clear head, a bad decision can cost you!
- Litigation requires a massive commitment. As a pro se litigant, every hour you spend litigating, strategizing, or working on your case is time spent away from your primary job, family, and friends.
- Pro se representation can put you into unfamiliar territory. To the unwary, the court system can be a labyrinth or pitfalls and bear traps. Local rules, judicial preferences, filing deadlines, and document submission requirements are only some of the dangers that lurk around every corner for the self-represented.
- Lastly, you might spend more money than you ultimately save. In the world of carpentry, the saying is, “measure twice, cut once.” The same applies to litigation. Sure, it is possible for a pro se litigant to successfully represent himself/herself; however, it is also very possible that your case may go off the rails and ultimately require you to retain counsel who will be tasked with attempting to right the ship, if possible. Any blunders that have been made due to your self-representation can potentially be remedied through the retention of counsel, but correcting those mistakes will come at an increased cost to your case – and sometimes mistakes cannot be corrected.
In the end, don’t go it alone. If you find yourself in a circumstance that requires legal representation, do not make matters worse by deciding to represent yourself. Lieser Skaff is here to help, so do not hesitate to give us a call.