In criminal cases, if you cannot afford a lawyer, the court will appoint a lawyer for you, like a public defender. But in civil cases, you do not have the right to a court-appointed lawyer so, if you cannot afford your own lawyer, you have to represent yourself.
The biggest risk is that you lose your case because (1) you are unable to follow all the required procedures to bring your case to trial so your case is dismissed, or (2) once you get to trial, you cannot meet all the technical requirements to prove your case.
Barristers are usually instructed by a solicitor, on behalf of the solicitor’s client, i.e. you. More recently though, members of the public can also instruct a barrister without the use of a solicitor. This allows clients to remain in charge of their litigation and save on the cost of a solicitor.
Whether you are using a solicitor’s unbundled service or a directly instructed barrister, you need to gather your evidence and then prepare the actual documents you will need in court.
Before choosing your attorney, it is appropriate (and smart) to find out what he or she intends to charge and then compare that cost with other attorneys. While the lowest-cost attorney might not be your best choice, the highest-cost attorney might not be the right choice either.
If you have been arrested and think you might qualify for a court-appointed lawyer, you will have a chance at your arraignment hearing (your initial opportunity to see a judge) to ask the judge to appoint a lawyer for you. The judge will take it from there.
But it is something that they are taught they should do because lawyers believe that everyone deserves to be treated fairly in our courts, even if they cannot afford to pay for a lawyer. Lawyers take that ethical responsibility seriously.
Wainwright, when the United States Supreme Court decided in 1963 that it was unconstitutional (a violation of our constitutional rights) to subject a person to a criminal trial without representation because that person could not afford to pay for a lawyer.
The American Bar Association recommends that lawyers donate 50 hours a year to represent deserving individuals or organizations for free or for reduced rates. This is not a law (in all but a few states). Lawyers are not obligated to donate their time.
Start with a Google search or contact your state’s Bar Association or State Bar. Two search terms to use are “legal aid + the name of your state” and “pro bono resource center + the name of your state.”.
Legal aid is a catch-all phrase that includes a variety of free or reduced-fee legal services, ranging from general public legal clinics where attorney’s fees are paid for by the government to clinics funded by grants or private donors. There are also private law firms that are devoted to providing services to low-income or moderate-income clients for significantly reduced rates.
Before you go to court, consider how confident you are about representing yourself. Many free legal aid organizations can assist you with handling related cases like the Jensen Family Law – Mesa.
You will be entering a world of information during the course of your case. You’ll need to have extensive knowledge of the laws related to child custody and divorce. The more aware you are about what the court is asking you to do, the better prepared you will be.
To file for child custody, you must fill out a Petition and Order for Custody. You have to state the grounds on which you are seeking custody. Read the petition carefully and check that all boxes are filled correctly to avoid having your case dismissed.
Each party has to serve their spouse with the child custody petition. You will be expected to serve your spouse outside of court on several occasions during your divorce or custody process. Serve them when you can, even if you think it might be risky.
When you file for child custody, you ask the judge to enter an order that will determine your rights to see your children. That means attending hearings is essential in the process. Attend court hearings even if you are not there representing yourself.
Bring detailed notes about any meetings with your spouse and other adults involved in your case and work closely with everyone involved during these conferences. Be sure to mention in your notes any inconsistencies or inaccuracies in what they say. It most definitely won’t be an easy process, especially when you’re representing yourself.