Should You Retain An Attorney?

Christian Collin — Tue, 15 May 2012 21:24:00 GMT

My name is Christian Collin from Collin Law Offices, P.C. I am an attorney that concentrates primarily in divorce, family law, criminal defense and civil litigation. Licensed in both Illinois and Michigan, I have been practicing law in the Chicago area for the last eleven years and I have spent virtually every day in the courtroom over the last decade. I have participated in literally hundreds of contested hearings, settlement conferences and bench and jury trials in both the State and Federal courts. During this period I have learned a thing or two about the practice of law and would like to share some of my thoughts with you. My blog will serve as a forum in which to share my insights as a practicing attorney and discuss various legal topics which may be of interest to you.

The first question I’d like to address is whether you should represent yourself pro se or retain an attorney. Pro se legal representation means advocating on one's own behalf before a court of law, rather than being represented by an attorney. While virtually any litigant has the option of representing themselves pro se, there are some practical considerations worth mentioning.

The value of litigation experience that an attorney brings to the table should not be underestimated. An experienced attorney knows how to conduct legal research, draft appropriate pleadings, propound discovery, present evidence, elicit testimony and make persuasive arguments. An experienced attorney is intimately familiar with the relevant statutes and supporting case law pertaining to the case at hand. Besides knowing the evidentiary and procedural rules in court, an experienced attorney ultimately understands how the legal process works in the real world. For example, knowing how a particular courtroom operates and being familiar with those biases and idiosyncrasies of the judge that presides over your case can be invaluable.

Many litigants I have worked with over the years (including some of my own clients) had at one point chosen to represent themselves in court in an attempt to save money. In the process, the results they achieved were less than they were hoping for. Studies suggest that pro se litigants are far less likely to win their cases than those who are represented by attorneys. In immigration appeals, for example, pro se appellants were successful approximately 10% of the time, according to a Department of Justice study. By comparison, those represented by attorneys were successful 40% of the time. www.usdoj.gov.

“A lawyer who represents herself is said to have a fool for a client. That problem is compounded—and the effects and burdens extend well beyond the disadvantaged lawyer/client—when the “fool” also lacks any legal training or experience.” Judges Views of Pro Se Litigants’ Effect on Courts. Clearinghouse REVIEW Journal of Poverty Law and Policy, July–August 2006. While a pro se litigant may certainly be able to represent themselves in certain types of simple legal proceedings, the task becomes more difficult as the degree of complexity increases. When one party is represented by an attorney and the other party is not, the pro se litigant will probably not be operating on a level playing field. In the long run, representing yourself without the requisite legal knowledge can prove to be a far more costly endeavor than you may realize.

The bottom line is that if you care about the outcome of your case, do yourself a favor and retain an experienced attorney. Having competent legal representation is the single most important investment you can make in asserting and protecting your legal rights.

Disclaimer

This Blog/Web Site is made available by the lawyer or law firm for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. I expressly disclaim any and all liability of any kind or nature with respect to any act or omission based wholly or in part in reliance on anything contained in this Blog.

Welcome to our Chicago Divorce and Family Law Web Site and Blog!

Christian Collin — Tue, 22 Nov 2011 23:52:00 GMT

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Should You Retain An Attorney?

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