Judges: Outcomes Suffer with Self Representation

According to an article in the Atlanta Journal Constitution, a recent American Bar Association ("ABA") survey found that outcomes suffer when litigants represent themselves in court.

With the poor economy, an increasing number of litigants choose to represent themselves in order to save money. Sometimes this can be penny-wise but pound foolish. Indeed, 62 percent of the 1,176 judges who participated in the ABA survey state that judicial outcomes for parties without attorneys are worse.

Experienced lawyers know the rules of procedure for bringing evidence before the court. They know about deadlines and notification requirements and how failing to follow certain rules and procedures can prevent even compelling evidence and arguments from ever being considered by a judge. All litigants are bound by these rules regardless of whether they are represented by counsel.

In somewhat amicable divorce cases, couples often agree not to use a lawyer and to draft the paperwork using forms they find on the internet. I have no doubt that some of these people never have an issue. However, for those that have issues, the issues can be significant and, often, unfixable.

It’s a familiar scenario. I meet with someone and tell him or her how much it will cost for me to draft his or her divorce paperwork if the parties can reach an amicable settlement. A few months (or years) later, I get the call: “Guess what, we decided to do the divorce on our own and now I have a big problem and need your help.” Sometimes, I can fix the problem, but it costs them more than it would have cost them had I drafted the original paperwork. Other times, there’s no easy fix because the court has no authority to modify the poor or unfair language in an agreement. Don’t let this be you!

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