The question of whether you need to appoint a solicitor to represent you in court is important to address at the outset of any case. It is possible to represent yourself in court should you wish. However, we shall provide guidance on the points you should consider in determining whether you require legal representation, which will hopefully enable you to make an informed decision.
An important consideration is cost, instructing a solicitor will incur fees. To reduce the risk of incurring unexpected fees, you could enquire whether they will represent you on a fixed fee basis. If not, and they propose charging on an hourly rate, then you could obtain a time/ fee estimate.
Another factor to consider is whether you feel confident in preparing and drafting court documentation. Court hearings generally require prior submission of court documentation. We have on occasion received enquiries from persons, who have represented themselves, but for a variety of reasons have decided that they need legal representation. Those reasons include:
We have also received enquiries to assist with: (i) appealing court decisions where the person represented themself; and (ii) undertaking corrective action, where a judge has deemed it necessary.
Ensuring that you submit correct documentation in the correct manner is key to any case and this is an important consideration in determining whether you wish to appoint a solicitor or not. Unfortunately, if you represent yourself at a hearing and it does not go well, then it makes it much more difficult for a solicitor to assist after the event; worst case it could compromise any future assistance.
If you are concerned about costs, then it might be appropriate to see if a solicitor can assist as and when you require expert input, without the necessity for the solicitor to take over full conduct of your case and go on the court record. This may give you the best of both worlds, reduced fees but confidence that you will not make a mistake.
