When faced with a small claims case, it is usually best to determine up front whether you need to hire a lawyer rather than waiting until you are in the middle of a case. Getting another person to sort out the mess after it has already been made and catching them up to speed can be difficult (but of course not impossible).
When the Defendant Has a Lawyer and You Don’t
If the person you are suing has a lawyer and you do not, you may think at first thought that you also need to hire a lawyer. You don’t want the defendant to have an unfair advantage, do you? Thankfully, if you begin a small claims case without an attorney and the opposing party has one, the court often gives the right to the other side to have an attorney if they want one.
Keep in mind that if you choose to delay getting a lawyer, you run the risk of the judge denying your request, saying you had ample time to get an attorney before. The court can then give you options, such as moving forward without a lawyer, discontinuing without prejudice (meaning you can bring the case back again) or discontinuing with prejudice (meaning you cannot bring the case again).
Businesses in Small Claims Court
If you sue a business or corporation, it is wise to hire a lawyer because business entities are legal entities, meaning they have a lawyer present in all court matters. You may also be up against more than just one lawyer but a team of lawyers if you sue a corporation.
If you are the head of, or representative of a corporation or similar entity, check specific rules of small claims court in your state to determine whether you need attorney representation.
Even if you don’t use one for the courtroom, talking to one can help. Lawyers can help guide you to find the name of your defendant.