When facing the prospect of having to navigate the judicial system, many people face the question of whether they should hire an attorney. Lawyers can be expensive, but is that expense worth it?
Outside of criminal actions, if you wish to sue someone in court, you are usually acting as the plaintiff. As a plaintiff, you may want help deciding who to sue, where to sue someone (federal or state court, which division of the court, and even sometimes which state) and what you can sue over. You may also want to try to work out your problem before filing a suit in order to avoid the cost.
If someone sues you, you are usually acting as the defendant. As a defendant, you may want to know what is the best way to respond to the suit (filing an answer or filing a motion before the answer depending on your circumstance), seeing if you can change the court where the suit was filed, or try to settle the case before ever appearing in court. You may also want to know whether you can file claims against the party suing you, or against other persons to share in the liability.
A lawyer can help both plaintiffs and defendants make these sometimes difficult decisions. Litigation is also a potentially long, complicate endeavor. Good lawyers also know how to navigate the procedures of the courts, which can be just as confusing as arguing your case in front of a judge. If you go into court yourself, you are expected to know the law. If you do not, the opposing party may have an advantage. And if your opposing party hires a lawyer, you may find yourself in trouble.
Even being in a situation where a lawsuit is a possibility is stressful
enough. You may determine that it is better to let the lawyer handle
the heavy work of the litigation so that you do not have that added
stress. You may hire a lawyer who might think of something you have not
even considered. A lawyer may also be in the best position to let you know whether hiring a lawyer is in your best interest. It never hurts to ask!
In the end, it is up to you to decide whether you should hire a lawyer, either to help consult you on what you are doing or to represent you in court. You will have to pay for the lawyers services, but if something is worth fighting for in court, it may well be worth paying a lawyer to fight for you.
