5. Self represented parties sue the wrong person or entity! This is a common and fatal error that self-represented parties make time and time again. When you sue a person or a business, it is of the utmost importance that you sue the correct legal entity. For example, if you sue your neighbor whom you know as "Joe Smith", you must be sure that "Joe Smith" is his full legal name. Otherwise, you may later come to find out that his legal name is in fact Joseph Smith or Joe Thomas Smith". If you did not use the correct legal name in the lawsuit, it will be impossible to try to enforce your judgment against him. Alternatively, you may want to sue your florist who you know as "Flowers R Us". However, the correct legal entity behind Flowers R Us is in fact 123456 Ontario Inc. If you sue "Flowers R Us" instead of "123456 Ontario Inc.", you will likely not be able to enforce a judgment against them. A licensed paralegal will automatically perform all necessary searches to determine the correct legal name of the person or business that you are suing!
4. Including too much Information when you are Self-Representing. Making sure you have the proper information is important as well. If you have too little or too much information present it can play a major role on the actual outcome. Those who try to provide too much information will only frustrate the judge. This is because there are only certain facts they need to know. Then again, if you don't have enough info then the ruling could end up in your opponent's favor. Listen, you don't need a four or five page description of the events. You also need to make sure you have exactly what you need to be successful in the courtroom. Leaving out details can end up making you lose money. A great example of this is when people sue for breach of contract. Understanding the agreed upon amount in the contract is important and you must provide details that revolve around it. If you sit there and explain what you've paid to this point and when you made each payment, the judge will still revert back to the original contract. When you utilize licensed paralegals you can narrow down the problems throughout and present the case accordingly. In fact, paralegals will even plead your case before you even step foot in the courtroom.
3. Self Representers don't know the Law. Do you realize how hard it is for an individual who represents him or herself to take on an individual who has studied the law for years? It's like challenging Beethoven to play one of his favorite pieces. Plus, prosecuting attorneys love to throw rules and regulations your way when you aren't aware of them. One of the most important things you can have when it comes to a courtroom is the knowledge of legal arguments. If you don't know how to overcome objections you could end up with a losing judgment. Licensed paralegals know and understand how to argue a case accordingly. They can also provide the proper context that needs to be utilized throughout the trial. In fact, they will even notify the parties in advance about the arguments that will come to light. It gives you all the rights you deserve and will remedy the situation must better.
2. Representing Yourself may mean you don't know the Rules of Small Claims Court. Do you really know how many rules that come into play in a small claims court? There are several, and you have to consider all the other parts such as; forms, service, timelines, evidence, and tons of other variables. It's an overwhelming process and we haven't even started the trial yet. When you represent yourself it's a hundred times worse, especially if you don't understand everything. Take for instance the 30 day deadline to provide documents to the other party's attorney. Those who aren't aware of this deadline and miss it will have all kinds of issues during the proceedings. Anything that isn't turned in accordingly could be inadmissible in court. One of those documents or pieces of evidence could be the difference in whether you win or lose. Then of course it could also cause delays if the judge does let them into the trial. This gives time for the other attorney to go over the information. Once you utilize a licensed paralegal you will notice that they are much more fluent in the rules of a small claims court. This alone can provide you with a much better decision, and hopefully one that is in your favor.
1. A self-represented party is SELF-REPRESENTED!!! The number one mistake made by self-represented parties is that they are SELF-REPRESENTED! Law is a knowledge intensive field born out of education and experience. A self-represented party is simply not equipped to handle all of the rules, the law, and the twists and turns that accompany litigation. Many self-represented parties feel as though they can just appear in court, tell the truth, and win by virtue of being honest. That is NOT the way things work in the courtroom. Did you know that you can represent yourself at all levels of court, not just the Small Claims Court? People automatically think that Small Claims Court is "easy" since you can represent yourself. Not so. There are rules to be complied with, there are laws that protect the other party that you may not be aware of and may not know that rebuttal arguments to, and of course, the other party may be represented by a paralegal or a lawyer who will simply out argue a self-represented party. We have many clients come to us after having attempted to represent themselves only come to realize that they made one of the mistakes listed in this article. It may end up costing you more to correct a problem that is created by your ambition to represent yourself, rather than to hire a paralegal to do it properly from the start.
4. Including too much Information when you are Self-Representing. Making sure you have the proper information is important as well. If you have too little or too much information present it can play a major role on the actual outcome. Those who try to provide too much information will only frustrate the judge. This is because there are only certain facts they need to know. Then again, if you don't have enough info then the ruling could end up in your opponent's favor. Listen, you don't need a four or five page description of the events. You also need to make sure you have exactly what you need to be successful in the courtroom. Leaving out details can end up making you lose money. A great example of this is when people sue for breach of contract. Understanding the agreed upon amount in the contract is important and you must provide details that revolve around it. If you sit there and explain what you've paid to this point and when you made each payment, the judge will still revert back to the original contract. When you utilize licensed paralegals you can narrow down the problems throughout and present the case accordingly. In fact, paralegals will even plead your case before you even step foot in the courtroom.
3. Self Representers don't know the Law. Do you realize how hard it is for an individual who represents him or herself to take on an individual who has studied the law for years? It's like challenging Beethoven to play one of his favorite pieces. Plus, prosecuting attorneys love to throw rules and regulations your way when you aren't aware of them. One of the most important things you can have when it comes to a courtroom is the knowledge of legal arguments. If you don't know how to overcome objections you could end up with a losing judgment. Licensed paralegals know and understand how to argue a case accordingly. They can also provide the proper context that needs to be utilized throughout the trial. In fact, they will even notify the parties in advance about the arguments that will come to light. It gives you all the rights you deserve and will remedy the situation must better.
2. Representing Yourself may mean you don't know the Rules of Small Claims Court. Do you really know how many rules that come into play in a small claims court? There are several, and you have to consider all the other parts such as; forms, service, timelines, evidence, and tons of other variables. It's an overwhelming process and we haven't even started the trial yet. When you represent yourself it's a hundred times worse, especially if you don't understand everything. Take for instance the 30 day deadline to provide documents to the other party's attorney. Those who aren't aware of this deadline and miss it will have all kinds of issues during the proceedings. Anything that isn't turned in accordingly could be inadmissible in court. One of those documents or pieces of evidence could be the difference in whether you win or lose. Then of course it could also cause delays if the judge does let them into the trial. This gives time for the other attorney to go over the information. Once you utilize a licensed paralegal you will notice that they are much more fluent in the rules of a small claims court. This alone can provide you with a much better decision, and hopefully one that is in your favor.
1. A self-represented party is SELF-REPRESENTED!!! The number one mistake made by self-represented parties is that they are SELF-REPRESENTED! Law is a knowledge intensive field born out of education and experience. A self-represented party is simply not equipped to handle all of the rules, the law, and the twists and turns that accompany litigation. Many self-represented parties feel as though they can just appear in court, tell the truth, and win by virtue of being honest. That is NOT the way things work in the courtroom. Did you know that you can represent yourself at all levels of court, not just the Small Claims Court? People automatically think that Small Claims Court is "easy" since you can represent yourself. Not so. There are rules to be complied with, there are laws that protect the other party that you may not be aware of and may not know that rebuttal arguments to, and of course, the other party may be represented by a paralegal or a lawyer who will simply out argue a self-represented party. We have many clients come to us after having attempted to represent themselves only come to realize that they made one of the mistakes listed in this article. It may end up costing you more to correct a problem that is created by your ambition to represent yourself, rather than to hire a paralegal to do it properly from the start.
About the Author:
Before you hire a lawyer, make sure you check Melissa Weber website, she is aparalegal toronto that specializes in the GTA area
