Tuesday, January 16, 2007

Do I Really Need A Lawyer?

     I often get the question from people that come in for a consultation whether they actually need a lawyer or if it is something they can handle themselves.  This is always a tough question to answer because naturally my occupation makes me biased.  If you are in a situation where you feel it is necessary to bring suit against someone or if you have been served with a lawsuit I would always recommend consulting with an attorney.  You need to understand that if you decide to proceed and represent yourself that the court will hold you to the same standards as they do attorneys.  Specifically it will be assumed that you know the Arizona Rules of Civil Procedure and that you will abide by them.  If you fail to abide by these rules you risk having your case delayed or even dismissed.  It is also important to note that a business entity cannot represent itself in the Superior Court in Arizona.

     An important consideration is how much your case is worth.  Most attorneys bill by the hour with hourly rates in Arizona ranging anywhere from $150 per hour up to $360 per hour.  Further, most attorneys require an advance on costs (retainer) in the range of $2,500-$5,000.  If the most you are seeking in your case is relatively small it may not be cost effective to pursue the matter with an attorney.  The same goes if you are being sued for a relatively small amount.  If the amount being sought is $2,500 or less the case should more often than not be handled in small claims court where attorneys are not allowed.

     In addition to the above, if you are seeking something other than a money judgment (i.e., an injunction, specific performance, etc.) you will need the assitance of counsel.  In short there are a lot of pitfalls in the law where you can really mess up your case if you do not know what you are doing.  If the case is not cost prohibitive, and if you can afford it, I almost always recommend that you use a lawyer.  While many things seem very intuitive, the lawyer has been trained to handle these matters and it will almost always result in a better overall outcome.

Posted by John Skiba at 19:46:29
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