Judge Steve Walker published in SA Scene Feb. issue

L-R: SA Scene Magazine February issue cover

Walker Report Publisher/Editor & Judge Steve Walker's article "Hiring an Attorney in Small Claims Court" is featured in the SA Law Focus section on page 38, in the February issue of SA Scene. You can read it here.

Hiring an attorney in Small Claims Court
By Judge Steve Walker

Most people never experience the inside of a Justice of the Peace courtroom in their entire lifetime. On the other hand, there are those, other than lawyers, spending too much time in a courtroom as a defendant or as a plaintiff.

When coming to Justice of the Peace Court, many a plaintiff or defendant struggles over whether to hire an attorney to represent them in the courtroom.

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.

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, but it is extremely difficult.

When you stand before a Justice of the Peace or a jury without legal counsel charged with say a traffic offense, truancy, verbal or physical disorderly conduct, sued for money or facing eviction, what you say and how you phrase it, can determine the outcome. The aid of an attorney is extremely advantageous. The trial process runs much smoother with better results.

The short term negative consequence of ill-conceived words in the courtroom could lead to temporary incarceration for contempt of court or stiff fines.

As a Judge I am constantly reminding people in my court, especially on the Small Claims docket, that they are not allowed to yell, cuss, or accuse the other side of being a liar, thief, cheat, or worse. In Small Claims a plaintiff can sue the defendant from one dollar up to, but not to exceed a 10-thousand dollar cap.

If the suit exceeds 10-thousand dollars it is heard in a higher court.
When a plaintiff is making his/her case as to why the defendant owes them money, they must stick to the facts and produce some sort of documentation to back up their claim. The defendant doesn’t even have to speak if they choose unless examined by the plaintiff’s attorney if there is one.

He said, she said is not sufficient. Also when the plaintiff quotes a figure, he/she must itemize and justify the amount in the suit.

Unfortunately in the Small Claims Court, emotions and tempers are short and is the one docket that heated words tend to be readily exchanged. Sometimes attorneys lose their tempers as well especially when they are facing non lawyers who do not know or understand the law and many times go off on irrelevant tangents.

It cannot be stressed enough that if you want to increase the odds of winning your case, you need to seriously consider legal counsel to represent you. That goes for both parties.

As previously stated attorneys know the law and do it for a living. That is what they get paid to do. If you find yourself in a Justice of the Peace Court without representation, don’t panic, be prepared.

A small number of defendants or plaintiffs are actually 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 even 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 attorney who can quote the law and back it up with actual statutes.

Obviously some cases are just more clear-cut than others. Each case must be solely based on the merits of the individual case. When afforded legal representation, take advantage of it. It makes all the difference in the outcome of the court case.

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.