How to Represent Yourself in a Medical Malpractice Claim
Representing yourself in any sort of legal matter without the benefit of legal counsel is described as acting "Pro Se". Pro Se (pronounced 'pro say') literally means "on one's own behalf" -- you choose to act on your own without hiring an attorney.
Legal self representation applies to more than simply court proceedings; actions like creating a Last Will and Testament, filing a Deed, handling your own Divorce or filing for Bankruptcy all come under the pro se group, provided you complete the legal forms and file the paperwork without the advice or representation of a lawyer.
WHAT SORT OF PEOPLE REPRESENT THEMSELVES?
A variety of bar associations and legal organizations have conducted studies of selfrepresented litigants, and these studies demonstrate that a broad variety of people depend upon themselves for handling their legal problems
o Persons with less than average incomes are more likely to represent themselves in a car accident lawsuit .
o Some studies show that individuals who represent themselves are much more prone to be satisfied with the legal process than those that are represented by lawyers.
A substantial portion of selfrepresented persons report they could have afforded to hire a lawyer to represent them, but that they chose never to do so.
WHY DO INDIVIDUALS CHOOSE TO REPRESENT THEMSELVES?
Also, the reasons that people offer for representing themselves in legal matters are as much as they're varied:
o Lawyers are too expensive
O Many feel that lawyers do not deliver quality services, fail to return telephone calls, and treat their clients within an unfriendly or unprofessional manner
o People know their own situation best and believe they are in the top place to handle any issues that may face
o For many, their cases or situations are simple enough to manage themselves or involve simple legal document preparation and filing
o People want to be in control of their very own lives, situation and scenarios
IS REPRESENTING YOURSELF LEGAL -- OR WISE?
Attorneys often imply that one is "irrational" for representing one's self, whether in court or for transactional or alternative legal matters. However, those equipped with the correct details and technologies -- including the appropriate legal forms and legal documents -- in addition to the want to handle their own legal problems can reach exactly the same effects themselves because they would with a lawyer.
In every state in the United States, persons are permitted to represent themselves inside the courtroom and/or to manage their own legal issues without the assistance of a lawyer. (This doesn't mean, however, that non-attorneys can act for or with respect to any other person as well as represent a corporation or limited liability company that they own; to do this, one has to become a licensed attorney.)
WHAT TOOLS EXIST TO HELP A PERSON SELF-REPRESENT?
In several cases, individuals seeking the aid of an attorney could realize the identical effect by getting, completing and filing / recording with the proper court or government entity the required valid and binding legal forms.
Of equal importance for the legal forms themselves are the instructions to complete the forms accurately. Many times, a person may have the ability to find a generic legal form from the board or court site, but usually those documents will not provide any kind of instructions or overviews to help someone complete and file them. So unless the person has a keen understanding of the legislation and its processes - - including any state specific requirements that are normally not spelled out in the form - - the records from a government or court website will likely be unmanageable for the average person.
So just how can the typical person gain access to the kinds of legal forms necessary for common problems like Insolvency, Wills, Divorce, etc. using the appropriate instructions included?
Most common legal issues involve the use of some type of standardized legal form. For many years, lawyers and courts have created these standardized forms and the utilization of these forms has been continuing, often with no changes in the shape or file for considerable periods of time. The use of the forms by persons who are not attorneys does not, in any way, make these forms any less valid or binding. So long as the form or document uses the legal "magic words" and complies with all the governmental regulations with regard to content and usage, the document is successful -- even when completed and filed by a non-lawyer.
WHEN SHOULD YOU CONSULT AN ATTORNEY ?
Self representation is reasonable occasionally, but let common sense prevail! Don't let anger, stubbornness or "penny pinching" cloud your judgement when important legal matters can have long term effects.
No one can assert there are times when it may be needed -- or at the very least highly advisable -- to consult a qualified attorney to handle a legal matter. Complex business transactions or issues involving the IRS may call for the guidance of a lawyer. Similarly, if any individual has questions concerning the appropriate procedure for any legal matter or trade, is uncertain the steps that really must be followed to realize a specific legal goal, or has any trouble in understanding or completing legal forms, then those individuals should seek the advice of legal counsel.
