There is no aspect of the legal system that a person cannot "legally" handle themselves. Whether it be criminal or civil, administrative or governmental. Every citizen of the United States may represent themselves in any proceeding in which they are involved. Whether this is wise or not depends on the situation. Some proceedings are designed to encourage a citizen to represent themselves without the aid of an attorney, an example being small claims court. In the Maryland District Court System, a small claim is a civil dispute where the amount in dispute is less than $5,000.00. Other proceedings justify the phrase "a person who represents himself has a fool for a client." Such proceedings would be all Circuit Court cases, as well as most administrative hearings.

The obvious advantage to an attorney representing you is he knows the way through the maze, and possesses the tools to enhance your chances of success. For the same reason you hire a specialist to help you solve your plumbing or air conditioning problems, so can a lawyer help you solve your legal problems.

The answer to the question "do I need an attorney?" depends on how committed you are in prevailing at the legal task at hand. If you want to save $250.00 by going to the library to educate yourself on how to write a Will, you are certainly permitted to do so. But the misuse of one singe word in the Will could have an un- thought of result, and you will never know about it, as the issue won't arise until after your death.

With the exception of minor traffic and parking offenses, seriously consider using an attorney for any type of criminal problem. Yes, traffic offenses are considered criminal in nature. Although the actual punishment in a criminal case (a monetary fine as opposed to jail) might be minor, the "conviction" itself can have long term major effects. Especially in acquiring a job that requires any type of security clearance.

On the civil side, small claims court is designed to proceed without an attorney. Claims between $5,000.00 and $30,000.00, if filed in the Maryland District Court, may also proceed without an attorney. The deciding factor becomes money spent on an attorney versus potential monetary loss by losing the case. It makes little economic sense to have an attorney who will end up charging you equal or more than you achieved by the winning the lawsuit.

On the other hand, civil disputes in excess of $30,000.00, and all criminal suits in the Circuit Court, require the employment of an attorney. The Court rules and procedures are just too numerous and complicated to risk handling yourself. I know it is hard to justify paying for a lawyer when you know you are in the right, but the alternative is losing a case unnecessarily.

It is important to realize that all I have discussed in this article applies to an individual representing themselves. It is against the law to give legal advise to another person or assist another person in representing themselves before a tribunal unless you are licensed to practice law in the State of Maryland.

For comments about this article please e-mail to need@scheinin.com

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