Ten Reasons Why Representing Yourself in a Lawsuit Is a Bad Idea

I get calls, too often than I like, from people wanting advice about a lawsuit they filed. When I hear them say it, that this is self-representation in a lawsuit, I usually want to run the other way. There is no question in my mind, they are in over their head. I do understand the motivations.

I remember trying my first case. Like you I was nervous. I got this feeling in my chest. You know what I am talking about. Here is an example to help us get on the same page. When you think about public speaking do you get a real bad feeling in your chest? Yeah, you know what I am talking about. It is the same feeling you get with the fear of falling.

All lawyers have that feeling. Just like all actors have those feelings. Lawyers and actors have to come up with something else because trial lawyers cannot operate simply on fear. So like actors we tell ourselves that this is creative energy. We lawyers, and actors, never want to lose that feeling. We like the feeling in our chest. When we lose that anxiety-like feeling, the thinking is that we lose our creative energy. Let’s get back to you.

I assume if you are reading this you either filed your own lawsuit or are thinking about it. I will not tell you it is a bad idea. No, instead I will tell you it is a terrible idea. Sort of like unhooking the brakes from your car. I promised you ten reason and so here they are.

10 REASONS WHY BEING YOUR OWN LAWYER IS A BAD IDEA

1. You don’t understand which laws to cite to the court.

2. You don’t know what to do next and next and next.

3. You don’t understand the court rules.

4. You don’t understand the tools you can use to discover what the other side knows.

5. You don’t know how to apply leverage to get the other side to make you an offer.

6. You don’t know when to say yes, I’ll take the money.

7. You don’t know how to get the opposition to cooperate.

8. You don’t know when the opposition is stalling.

9. You don’t know when the opposition is lying. And yes, they will lie, it will sound like they don’t know what you are asking, but yes, they are probably lying.

10. You don’t know who to ask for advice and no lawyer is going to offer you free advice while his paying clients get ignored.

Now, after you file a lawsuit, do not call me because you think I am a nice guy and will understand what you have done to yourself.

Call me before and only if you have a case with at least $25,000 in medical expenses or broken bones, a ruptured disc, surgery, and hospitalization.