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LegalEase Column

If I Represent Myself, Do I Have a Fool for a Client?

By Karen O'Donnell

"The advice and suggestions in this column are solely those of the author. DC Web Women assumes no responsibility for its content. The articles are intended for general use. They do not provide specific legal advice. Consult your own business law attorney for advice regarding your business."

That disclaimer appears at the bottom of this column. There are similar disclaimers on many Web sites. Most reference sites recommend checking with your own attorney. Is it ever appropriate to "do it yourself" without consulting an attorney? How would you go about it?

There are two ways in which a lawyer may assist you. The first way is helping you navigate the sometimes complicated procedural rules under which courts operate. The Washington Post recently ran a story about a couple bringing a lawsuit for failure to fulfill a contract. The dollar amount was too large for small claims court. They filed in general court, but still represented themselves. They missed deadlines, failed to give notice to the opposing party, and otherwise failed to follow required procedures that would be obvious to a lawyer. The judge eventually dismissed the case "with prejudice," meaning it couldn't be refiled.

The second way is applying general principles of law to your specific situation. An essential part of practicing law is tailoring advice to the specific needs of a specific person. The reason legal publications and Web sites such as this one have disclaimers related to the second situation. The publication of general advice is not by itself the practice of law. But if the handbook or site becomes too specific, the authors can face charges and fines. So the practice arose of posting the disclaimers that any advice is only general. The more specific the advice gets, the greater the danger the author is running afoul of the law. "[N]o one has the right to represent another; it is a privilege to be granted and regulated by law for the protection of the public" (Supreme Court of Virginia).

As stated in the Supreme Court of Virginia's rules, "[t]he right of individuals to represent themselves is an inalienable right common to all natural persons." The rules are similar in Maryland and DC. It's your right to do it yourself, but is it wise?

The first step is to think about the level of difficulty involved in going forward. I liken it to doing your own tax return. Most people don't need an advisor when preparing Form 1040EZ, but need help when itemizing business deductions or reporting a bad debt loss.

  • If someone is using your material on their Web site, you can use a notice and take down letter to have them stopped. You can write that letter yourself. The statute is very specific about what it must include and tells you where to find the necessary information. But, if you need to pursue a trademark infringement case, professional legal advice is likely necessary.
  • Office supply stores sell simple legal forms, such as preprinted wills. If you're single, own no real estate, and just want to leave everything to your siblings, that may be a simple solution. If you're married, own your own home, or want to set up a trust fund for your nieces and nephews, those prepackaged forms may cause more problems than they solve.
  • Small claims court is designed to allow nonlawyers to handle their own cases in situations where the dollar amount is relatively small. If the dollar amount is too large, an attorney's assistance is advisable in using the general court.

If you are going to do it yourself, the next step is to inform yourself. Every person and every situation is different. Think about what you want to achieve and research the ways to achieve it. Shortcuts at this stage are bad ideas. This is one instance when asking your friends for advice won't be enough. When my income tax return gets complicated, I can read the IRS booklets, buy a book, or check the online sites. If you were proceeding in small claims court, you would read the information they provide to guide you. Reading about procedures is even more important for general courts.

Check resources related to the topic. The rules for real estate transactions are different from contract rules, which are different from small claims court, which are different from general court. For example, the informality common in small claims court is inappropriate in general court.

Check resources related to the field. If you need a contract for a design project, the Graphics Artist Guild may be able to help. The National Writers Union offers contract assistance to writers. The Electronic Frontier Foundation offers assistance with copyright, trademark and patent issues.

Many local law libraries will allow the general public to use their resources. Arlington and Alexandria both have libraries open to the public at their main courthouses. George Mason University allows the public to use its large law library.

If you research your situation online, there are a number of legal Web sites out there. Be careful to use reputable ones. Use the resources the lawyers use. The good Web sites are the ones that won't tell you exactly what to do. They will have the disclaimer that says the information is meant to inform, not to advise. I didn't rely on the Web site that told me I didn't have to pay income tax because the currency isn't backed by gold.

After you've done your research and written your contract, prepared your complaint, or completed your tax return, you can have it reviewed by a lawyer if you think that would be helpful. In an earlier column, I listed a number of sources for inexpensive legal advice.

If you think the research is too complicated, that might be a good sign that professional assistance is needed. I do my own tax returns, but someone else represented me in a personal injury case.

Some legal reference sites I have found useful:

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