The function of a lawyer in court
When you are in a situation where legal action is necessary, having representation from a qualified lawyer is vital. Your lawyer will represent you throughout the life of your case, from filing the initial complaint to potential appeals after a verdict is reached. This person will represent your best interests and protect them as best as possible as your case progresses through the legal system.
The role of a lawyer when representing a client in court is to present the case to the court in the best possible way to influence the decision in their favor. While there is no guarantee that outcomes will be favorable, a lawyer has the ability to influence decisions through their arguments and evidence presented.
Your lawyer will work long and hard in preparation for the court, ensuring all the information is available and tailored to fit the case at hand. It is necessary for your lawyer to understand the intimate details of the case so that they can explain it in an unbiased and factual manner, which is often a major factor in the presentation of a case .
The lawyer will present itself as the representative on your behalf, which substantiates your presence in the courtroom. In the eyes of the law, it is as though you are present when the lawyer explains the situation and makes a case for your behalf.
Sometimes, due to the complexity of certain judicial matters, multiple lawyers will collaborate on a case. Each lawyer tends to take a different approach or provide different services such as, but not limited to, the following:
Of course, these different roles and responsibilities all work towards one common goal in the end—your protection of rights in court. Having an understanding of how lawyers work, their role in court, and how they prepare is especially important when seeking representation.
No matter what your situation entails, having legal representation can make the difference between successful legal action and potential consequences. Your lawyer will work tirelessly to ensure your rights and freedoms are protected through your legal proceedings. An attorney’s role in court is extensive, and their ability to fulfill it is vital to reach a fair and just outcome.
Pro Se Representation
Self-representation, or "pro se" representation, gives defendants the option to defend themselves rather than hire a criminal defense attorney. While in some cases it may be an attractive option for those with limited resources, self-representation is a real risk for a number of reasons. A defense attorney understands the law, rules of evidence and court procedures in ways that are intimidating, if not downright impossible, to navigate for someone with no formal training.
Most importantly, without a good lawyer, you will be ill equipped to challenge the prosecution. For instance, prosecutors will rarely drop charges without a fight, meaning you will have to be ready to argue your own case. With a lawyer, you can at least count on your attorney going to trial if needed. And if your case never goes to court and ends up being negotiated or settled through a plea bargain, the skills of a professional negotiator cannot be overemphasized. The truth is that most defendants do not possess the legal knowledge and negotiation skills needed to properly handle their own case. Furthermore, the criminal justice system is often biased against the accused, making it all the more important that defendants adequately protect their rights in court.
In addition, people who defend themselves often have trouble getting their case dismissed for a whole host of reasons. For example, the judge may not want to hear from an unlicensed person. Prosecutors may try to intimidate the unrepresented defendant with threats and authority. Or, the defendant might not even understand why their case does not appear to be going their way, attributing events to bad luck rather than faulty legal strategy.
However, there are a few instances where it is reasonable for someone to defend themselves. People with previous legal trainings or who have been involved in civil proceedings may feel comfortable bringing that knowledge into a criminal courtroom and choosing to represent themselves. Also, for people facing charges without the possibility of incarceration or a large fine, it may make sense to defend yourself. For minor offenses such as one or two DWI or OUI offenses, assault and battery, or other misdemeanors, the negative consequences may not be worth the time, money, and hassle involved in finding a qualified criminal defense attorney to represent you. However, for anything other than a minor offense, you should seek legal representation.
Public Defenders and Legal Aid Attorneys
In more serious criminal cases, you have the option of legal aid or public defenders. Legal aid provides free legal counsel to those who cannot afford it. Legal aid lawyers get their money from the state and are government-appointed. Because of that, a legal aid attorney will not only represent you in court, but also give you general legal advice. While legal aid is free, choosing to use legal aid means the lawyer may not have as much time to commit to your case as a private lawyer. The scope of cases offered through legal aid can vary from state to state and may include issues such as child custody, bankruptcy, divorce, small claims and other legal matters. A quick search online will show you if you have legal aid options near you.
The public defender is slightly different from legal aid. Public defenders are appointed by the court when you cannot afford a private lawyer, so they are still free, but are hired on a case-by-case basis instead of being paid a salary. While all state courts are required to provide legal representation to defendants who can’t afford a lawyer, they don’t necessarily have their own legal aid programs. Instead, your county or local community may contract for those services, letting public defenders obtain legal aid. In this case, it’s a good idea to ask your public defender what programs the court might provide and what additional help they might give you. Like legal aid, public defenders handle cases related to criminal matters and child custody, but cannot take on civil matters like small claims court or people who have been denied benefits faster than other lawyers can usually do.
Qualifying for legal aid or public defense isn’t as strict as applying for other kinds of aid programs. The legal aid organization will approve or deny an application to legal aid, then assign a lawyer. Public defenders will investigate your finances and need for a lawyer, and if you qualify, will assign you a public defender. Because both service types are heavily regulated, the courts communicate when assigning counsel, so you won’t be able to pick and choose who defends you.
Paralegals and Legal Assistants: Limited Roles
This person’s job is to help the attorney with just about everything in that attorney’s case or cases. Paralegals and legal assistants are used in almost all types of law and on every level of the legal process. They assist attorneys in many different ways, such as meeting with clients, preparing cases for hearings or trials, preparing pleadings for filing, and researching various legal issues.
The paralegal/assistant is not allowed to practice law; therefore, they cannot be present with you in the court room. However, they may be present during meetings with you to prepare for court. Paralegals and assistants may also be present during legal advice consultations at the attorney’s or law firm’s office. They will gather information from you regarding the case being discussed and also back at the office, they may pull together all the information and do research that will help in your case.
For example, if you have a child custody matter, the attorney will meet with you for a consultation to find out what your case is about; she will note what you are expecting in terms of custody its self and the financial aspects of the case. The attorney will get lots of paper work and notes from you, too. That attorney may say, "Let’s ask my paralegal Susan to research who gets custody when there is drug abuse by the other parent." Susan would call you or the other parent’s attorney (if there is one) and verify what the other parent was using; she would then look on the internet to see any state statutes or case law (court precedent) regarding custody when drug or child abuse are present. Susan and the attorney will gather everything together in a draft of pleadings to be filed in court that will state your wishes and demands for child custody. They will then decide when to file those papers and how to proceed.
Susan, as the paralegal or legal assistant, won’t make decisions about what’s being filed, or advise you on what to expect in the case. Usually, attorneys handle all of these types of responsibilities. The paralegal will assist the attorney by doing some legal work that is lawful for her to do under the state laws regulating attorneys and lawyers.
Law Student Representation
Legal representation by a law school student under the close supervision of a licensed attorney is permissible in some courts. For example, representation in District Court cases is allowed if the supervising attorney presents the student’s case in the same manner as a solo practitioner. See DC Code § 11-2605(b)(1). Before allowing a law student to present a case, the court must find that the case has arguable merit and that it lacks a law school clinic.
In some circumstances, attorneys also may allow law students to represent clients in cases , but in those cases the attorney will be present in the courtroom and directing the student-client’s activities. Representation in this manner takes place in the U.S. District Court for the District of Maryland. See Local Rule 102.4. The representation is allowed only in certain types of cases including cases involving consensual arbitration and restitution after criminal conviction. Cases of this type include civil matters, including torts, contracts, or other claims for monetary damages. It does not include representation concerning unliquidated damages for pain and suffering, emotional distress, loss of consortium, or similar claims.
Unusual Cases – Non-lawyer Representation
There are some limited circumstances when a non-lawyer may be able to appear on behalf of a client in a court action. In small claims court, for instance, an individual plaintiff can sue for $5,000 or less without an attorney with a credit claim of up to $7,500, and the defendant’s lawyer may not be able to collect legal fees in addition to damages if the case is appealed. In small claims court, the plaintiff is often trying to collect an amount of money owed while the defendant shows up to defend them self on the basis that the amount claimed is not (or never was) owed at all. The issue is whether the money is owed, not representation by a lawyer – though of course many people still prefer to have an attorney to handle their case.
But an individual plaintiff can’t file a lawsuit for an amount over $5,000 especially if the sum total of all of your claims can’t exceed $25,000. Defendants are usually represented by an attorney under these circumstances and a non-lawyer representing a client in a fraud suit for $25,001 and over would have to file a motion to represent the client through the completion of the lawsuit – and they probably wouldn’t win.
If the parties are not sophisticated enough to represent themselves – and a non-lawyer can’t replace their advice and representation – then they will probably be out of luck unless the court permits them to proceed together (an unlikely conclusion). If a plaintiff tries to file a medical malpractice suit for $246,000 on his/her/them own, the suit will probably be thrown out of court. The defendants will certainly object to this arrangement, and the judge will very likely agree with the defendants. The plaintiff will need an attorney to continue his/her/their claims.
The State of New York is serious about limiting the circumstances under which a non-lawyer can represent another person in a court case, and there are not many exceptions to the rules. A non-lawyer can’t file a summons and complaint against another person, cannot file papers in a foreclosure action despite the low costs involved, and can’t even show someone how to fill out the various forms necessary to file a lawsuit. A non-lawyer can’t even perform paralegal functions to help out a busy lawyer – he must be "directed by an attorney."
It may not seem fair to expect an innocent individual who has been injured to find an attorney willing to take his or her case. The rich and powerful may escape the court system and the indigent who have no access to a lawyer may have limited recourse, but for the rest of us the system is stringent in its requirements for legal representation.
How to Decide the Best Representation for You
The first step in understanding your legal representation options in court is to understand the options themselves. A person in a legal jam generally has three choices: 1. Represent yourself ("pro se"); 2. Represent yourself with limited assistance from an attorney (often called "limited scope" or "unbundled" representation), or 3. Hire a lawyer to represent you fully for the case in court ("traditional representation").
On the whole, courts tend to favor self-representation. The general philosophical preference is that all people have a right to represent themselves in court, even if that means the possibility of losing an otherwise winning case. However, there is a respect for the legal process and an expectation for decorum and civility in the court. Thus, blatant abuses of self-represented litigants or offenses against decorum will likely lead to the court imposing some sort of remedy, up to and including the loss of the "right" to represent oneself and being forced to hire a lawyer.
Self-representation is obviously a double-edged sword. On the one hand, it saves you significant money. If you can handle your case and understand the legal issues and court rules, there is no reason not to at least try out self-representation. On the other hand, it is extremely difficult for most people to be successful in court without some form of legal assistance. If your time and sanity are worth something to you, you may be better off hiring a lawyer or at least getting limited assistance.
Whether you should try self-representation largely depends on two factors: 1. Complexity of the case and level of legal issues involved; and 2. Stake in the outcome of the case. Some cases are incredibly simple and can usually be handled without the need for any legal training just by the regular Joe/Jane. In cases where it is simply you suing a neighbor for the cost of fixing a fence, or pushing back on a landlord charging you a late fee or a double deposit for an apartment, you probably do not need a lawyer in your corner (unless money or time are not concerns for you).
However, if you are seeking a restraining order against an abusive spouse or abandoned lover; or if you are being sued for nearly everything you own and you are being represented by a large corporate law firm – those are the kinds of circumstances that warrant hiring a lawyer .
Complexity of the legal issues in your case is another factor to consider. Depending on the area of law or type of case, some issues are best handled by a lawyer. For example, a divorce with minor children, if contested, is almost always best handled by a lawyer. A breach of contract lawsuit over a business deal, if contested, is also best handled by a lawyer. On the other hand, an auto accident case with clear liability and easily understood medical treatment is probably not going to be helpful for a lawyer to undertake. Similarly, small claims cases involving utility deposits or a small consumer purchase are usually not good cases for attorneys unless the person is looking for a staunch advocate to fight for you for a small value, or has some bigger picture due its position in society.
However, as indicated above, there is a trade-off between more expensive legal representation and uncertainty about the legal issues and the case strategy. Thus, if the stakes are high, getting a lawyer involved may be worth it, while making settlement discussions up in the air.
In addition to traditional legal representation, limited assistance ("unbundled") representation is becoming more popular and more common with the courts. With limited assistance, the attorney will perform any number of the many various responsibilities involved in a court case, while leaving the client responsible for tasks outside that limited scope. For example, you may want the lawyer to draft a complaint or answer, but not represent you at the hearing. You may want the lawyer to draft a motion and have you file it. You may have the lawyer prepare the research and you do the writing. The scope of what may be possible depends largely on the jurisdiction and rules of the court. Unbundled legal representation is a great way to get some legal help without paying for the attorney to do everything for you.
As with self-representation, limited assistance is not the right option for everyone. First, you have to be disciplined enough to get things done between meetings and court appearances, which is not easy for many people. Second, it effectively requires the client to learn enough about the court process for that case to be able to properly direct the attorney work in the right way. Third, depending on the scope of the action, your fees may not decrease that much, which may make it difficult or unnecessary economically.