Updated June 2022.
There is a middle ground between representing yourself in Court (which is referred to as being “Pro Se”) and hiring an attorney to fully represent you in Court (which is referred to as “full representation”). This post is intended to act as a guide to representing yourself in Court. Although I always recommend seeking counsel if needed, you have more options at your disposal than you might think.
I always think it is best if individuals feel empowered in their legal journey, instead of feeling disempowered. This might look different for different people – some might feel comfortable doing their own paperwork, but want to run it by a lawyer for review. This might look like getting help with a court hearing, but handling the rest of the case themselves. This is your journey, and you get to decide what will fit you and your case best.
Here are three great options:
1. Limited Scope Representation (aka “LSR”)
This is when a lawyer agrees that they will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all aspects of a case, from start to finish. For instance, an attorney could draft some paperwork for you, while you draft the rest. Or, an attorney could represent you at a single hearing, while you do your own paperwork. You and the attorney can decide the scope of the attorney’s representation. The attorney will likely still require a retainer for the LSR services, but it is usually much less than what is required for full representation.
Limited Scope Representation is a fairly new area of law in Montana for most lawyers. It is being encouraged by the “rule makers” to help people get legal representation when needed at a lower cost. Still, it has not caught on for many family law attorneys because it requires a bit more paperwork, and, of course, makes the attorney less money. However, I find that it is an excellent way to help people with EXACTLY what they think they need, not just what a lawyer tells someone they need!
If you are considering Limited Scope Representation, it is important to ask yourself what parts of the process you feel most comfortable with, and what you feel most uncomfortable with. Then, you can sharpen your inquiries to potential counsel about limited scope representation for a particular task, i.e. mediation, a specific hearing date, a specific pleading, etc.
2. DIYDIVORCENOW.COM
I developed www.diydivorcenow.com as a flat fee, “assisted DIY” option. These services are sildenafilo apotex like my other flat fee offerings, but are designed for the pro se litigant. This is a set of services that gives you options for attorney help on a flat-fee basis. These services are offered for all family law cases (not just divorce), and span from attorney document review to 30 days of unlimited attorney support via email. Various packages are offered to lump services together for a discount. It’s a good option for people who want to do things themselves, but want a little bit of extra support from an attorney.
Represent Yourself
While I cannot give you a law school education via blog post, I can refer you to some resources for you to research, and you can do your own searches using the term “pro se” .
There are a number of free resources online through the Montana Supreme Court, and Montana Legal Services. Both resources include forms AND basic protocol and procedure. It is worth looking at these packets, even if you end up seeking representation, it will give you an idea about the process overall.
If you are representing yourself and heading towards a hearing, I cannot recommend mediation enough. 95% of cases settle in mediation, and all the good mediators are skilled at working with pro se litigants. It can alleviate the need to prepare for court (a daunting process unless you have a legal education), and bring you to a satisfactory settlement.
Can you represent yourself in Court? I will give a tentative yes. Although it can be successfully done, I do not generally recommend representing yourself at major court hearings simply because of the magnitude of what is at stake, and the preparation and education that goes into successfully trying a case. However, you can do it if you wish.
Representing yourself will require a lot of self-education, and research. The upside is that, besides the cost in time, it is free. I never want to pressure potential clients into seeking representation, however I do urge you to sincerely gauge your comfort level with the process before deciding upon this path.
How can we help you?
There are clearly a lot of options and considerations in this guide to representing yourself in Court. Based upon your comfort level, you can represent yourself, you can get assisted DIY services from www.diydivorcenow.com, you can seek limited scope representation, or you can utilize my flat fee drafting services. A great place to start, even if you plan to proceed pro se, is with a 30 minute phone consultation ($75).
If money is tight and you are feeling pretty comfortable with being pro se, a 30 minute consultation and one of my unlimited email support packages (#8-10 here) can be enough to help you get a good idea of how to proceed with your case.
Whether your goal is to save money, or just to handle matters yourself, there are a number of ways to represent yourself, in whole or in part, with support from an attorney. Schedule a consultation to talk about your options!
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