Legal self-help is back in the press. Maybe this is a result of the sagging economy, maybe people believe the Internet can provide them all the necessary and correct information. Nolo Press and other providers of self-help books and websites are thriving.

Undoubtedly, legal self-help is appropriate in certain situations. However, in certain situations it may not be, and in certain situations it is clearly inappropriate.

Appropriate

Disputes Less than $5,000: Small Claims Court is available for any dispute less than $5,000. Basically, Small Claims Court is The People's Court (remember Judge Wapner) without the histrionics and unprofessional behavior. In Small Claims Court, the parties must represent themselves; so legal fees are a non-issue. The downside is that the maximum recovery is $5,000.

Labor Disputes: If an employee believes his or her employer has failed to pay wages (including overtime, vacation pay or other benefits), then in California the employee may file a simple petition with the Labor Commissioner of the California Division of Labor Standards Enforcement. The employer will be given an opportunity to respond to the petition. The parties may, but need not, be represented by lawyers. By statute, the hearing will be more informal than a court proceeding. As an added benefit, Labor Commissioners in Northern California have traditionally been very pro-employee.

Wills: A very simple will can be prepared using a free or inexpensive form. However, if someone has a taxable estate (i.e., in excess of $600,000), then assistance by an attorney is prudent. An attorney can advise whether to establish one or more trusts and/or gifting programs, both which may save estate taxes and help avoid probate. In addition, an attorney can assist with such ancillary issues such as health care durable powers of attorney or guardianships for minor children.

Might Be Appropriate

Immigration: Attorney assistance is not required for immigration issues such as obtaining a "green card". However, an attorney can typically expedite and/or simply the process. For example, in Northern California, the processing center for applications was overloaded in 1999-2001, as high-tech companies hired an extraordinary amount of non-resident aliens. However, immigration attorneys knew that other processing centers had smaller backlogs, and thus could process applications much more quickly.

Divorce: If both parties are amiable, and there are neither children nor substantial marital assets, then attorney assistance may not be required. However, if there are children, substantial marital assets, or any unusual circumstance, then each spouse should seek separate legal representation.

Inappropriate

Criminal: If charged with a crime, get a lawyer immediately. Obviously, a speeding ticket does not require a lawyer, but if charged with DUI, or even reckless driving, it is probably wise to speak with an attorney. For those unable to afford a private attorney, the state will appoint a public defender. Even if the charge is a misdemeanor, do not ever attempt to resolve the situation without the assistance of an attorney.

Buying or Selling a Home: In Northern California, the average home price exceeds $400,000. That typically represents the single largest asset of most individuals/families. It is foolish for anyone to attempt to buy or sell a home without the assistance of either a real estate broker or attorney. Real estate brokers typically charge the seller 6% of the selling price, but do not be afraid to negotiate this fee. There are attorneys (some who are also licensed brokers) who will be willing to charge on an hourly basis.

Running a Small Business: There are a myriad of issues faced by a small business: tax, employment, collection, landlord/tenant, protection of confidential information. Every business lawyer knows of at least one company where a small misstep had devastating effects. Even a minimal amount of legal assistance and legal oversight can be invaluable for a small business.

Before retaining an attorney for a particular matter, ask the attorney for a frank evaluation of both the costs involved and the potential risks. Finances may reasonably dictate that a matter is handled without a lawyer’s assistance, but one should first know the estimated cost before proceeding alone.

 

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