Atlanta Accident Law Library

by Stokes & Kopitsky, P.A.

How to Represent Yourself in Georgia Civil Courts

If you're involved in a court case in Georgia -- or want to file one -- you have the right to represent yourself. Only criminal defendants without adequate funds are entitled to a free, court-appointed lawyer in the United States.  Legal aid agencies offer assistance in a limited number of civil (non-criminal) cases to persons who have very little or no income.  Other lawyers must be paid fees, either from your own funds, or, if you are a plaintiff in an injury case, from the amount recovered for you by your injury attorney.  But before you decide to be your own lawyer -- which the courts call a pro se or pro per litigant -- it's important to understand what the job requires. Acting as your own lawyer requires you to be good at attending to details, understanding complicated or bureaucratic rules, and public speaking. If you know you're not good at those things, or your case is complicated or emotional, you should seriously consider finding an attorney.

When Should I Represent Myself?

Regardless of the case, not everyone has the right skills, circumstances or personality to be their own lawyer. In order to represent yourself, you need to be able to:

• Understand and follow directions exactly.
• Meet deadlines, be on time and stay very organized.
• Understand the laws behind your case.
• Do legal research on issues related to your case.
• Speak in public.
• Keep your cool in stressful situations.
• Take enough time out of your schedule to do thorough research and appear in court several times.

Good types of cases for representing yourself include:

• When you are part of a small claims case -- a lawsuit in magistrate court that asks for $15,000 or less. Georgia's magistrate court system is designed for pro se litigants.
• Very simple matters that don't require much research or courtroom time, such as a name change or an uncontested divorce with no children, no alimony, and no significant property.

Situations where you usually should not represent yourself include:

• Any criminal case.
• Cases involving a substantial amount of legal research.
• Cases with complicated or controversial facts, like a serious injury case.
• Cases where a detailed investigation is needed
• Cases where, by law, expert testimony will be necessary.
• Any case where the balance of power is heavily tilted toward the other side, such as suits involving an insurance company or corporation, or a divorce in which one spouse is abusive.
• A case where an experienced attorney can recover more for you than you can recover for yourself, even after attorney's fees are paid.  In a typical accident case, the insurance company of  the person at fault will generally settle with a victim represented by an attorney for much more than the insurance company would ever offer the victim who is representing himself or herself.  This is because the insurance company knows the victim is not a trained, experienced accident attorney, and therefore the victim won't stand a chance in court against skilled insurance defense attorneys.

Where to Get Help

If you're thinking of representing yourself because you can't afford a lawyer, you may have other options. If you're accused of a crime, of course, you are entitled under the U.S. Constitution to a free, court-appointed lawyer. If you're involved in any other matter, you may be able to get free or low-cost help through a legal aid organization like the Atlanta Legal Aid Society, the Georgia Legal Services Program or the Pro Bono Project of the State Bar of Georgia. You can also ask the clerk of the court for a list of attorneys who can represent you on a sliding scale, based on your income. If you only need help with part of your case, such as reviewing documents to make sure you filled them out correctly, you can look for a lawyer who provides this type of limited assistance. And if you're thinking of filing a lawsuit because you were seriously injured through no fault of your own, you can hire a personal injury lawyer for a contingency fee, in which the lawyer doesn't get paid until and unless you win the case.

If you know you're ready to represent yourself and just need help with legal research, you can find it in person or online. The clerk of the court that's hearing your case can answer basic questions about when, where and how to file papers.  The Georgia court system maintains a self-help web site offering more detailed help for pro se litigants, especially those involved in lawsuits or divorces.  Legal Aid-GA, is a website offering basic information about the law in Georgia. Other websites, including www.FindLaw.com and www.Nolo.com, offer more general legal information for free online. And if you're hunting for information in books or paid databases, you can visit several public or university law libraries throughout Georgia. Mercer University lists several university and county law libraries, and the State of Georgia also maintains a law library. Admission to most of these is free and open to the public (call private universities first to check), and reference librarians are available to help.

Don't be concerned about hostility from the judge in your case. Many judges will use their discretion to help inexperienced people who must act as their own lawyers because they cannot afford an attorney. If you come prepared, do your homework and treat the court with respect, judges will be more inclined to accommodate any mistakes you make. But even the kindest judge can't help with missed deadlines or multiple mistakes. If you choose to represent yourself, you're taking responsibility for the success or failure of your case. For the best results, take it very seriously.

How to Contact Atlanta Injury Attorneys
Stokes & Kopitsky, P.A.

If you've been injured in a Georgia accident because of another person's fault - even if you were also at fault - we can help you. We're Atlanta injury lawyers Gregory M. Stokes and Neil J. Kopitsky, and we have over 30 years of experience helping injured people and their families get justice and payment when they are involved in a car accident, truck accident, motorcycle accident, slip and fall, or workplace accident. We've recovered millions of dollars in payments for our clients in Atlanta accident, Atlanta accidental death cases, and Georgia injury or death cases.

Your initial telephone or office consultation is FREE and CONFIDENTIAL, and our fees are paid only from what we recover for you. There is no pressure; we want to help with your recovery and treat all our clients with courtesy, care, and respect. Please call toll-free any time, any day, to speak with us. We look forward to helping you. You can contact us at:

Atlanta Telephone: 404- 892-0014

Toll-free Telephone: 1- 800-700-5050

E-mail: info@skattorneysatlaw.com