Ask the Judge: Pros & Cons for hiring an attorney
When coming to Justice of the Peace Court, or any other court for that matter, many a plaintiff or defendant struggles over whether to hire an attorney to represent them in the courtroom. Conventional wisdom says DO hire a practicing lawyer.
The obvious logic is the lawyer/attorney is more objective, less emotional and looking at all the legal ramifications that need to be addressed and entered into evidence in court to successfully win the case.
When one side has legal representation and the other doesn’t, it tips the balance in favor of the one with representation. However, it doesn’t automatically guarantee the side with the attorney will prevail. No attorney vs. an attorney in court can best be compared to two boxers in a ring and one boxer has one arm tied behind his back. Can he/she win? Yes, most definitely.
It happens all the time, but it is extremely difficult. Many defendants or plaintiffs are able to present their evidence well enough to prove their case without legal advice and are able to convince the judge or jury to rule in their favor. If the plaintiff/defendant is somewhat knowledgeable in the law, or is able to apply logic and common sense in a methodical manner, it helps immeasurably, but it still favors the side with the attorney who can quote the law and back it up with actual statutes.
On the other hand, as previously stated, it is not insurmountable and it is not farfetched for a plaintiff without representation to win their case against a lawyer representing the defendant, or vise versa. Some cases are just more clear-cut than others. Each case is based solely on its merits.
The strongest argument by defendants/plaintiffs for not hiring a lawyer is they are unable to afford an attorney for their court case. However, Legal Aid is available and will represent them for a slight fee or free if they qualify.
Should defendants/plaintiffs find themselves in a courtroom, the first decision is whether to hire an attorney or represent themselves. That decision will strongly affect the outcome of the verdict, one way or another.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
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