One of the questions we
are frequently asked is: Do I need a lawyer? An individual is free to represent
himself or herself as to any legal matter, whether it is a business
transaction, initiating a lawsuit, defending a lawsuit, or what have you.
Business organizations
are not nearly as free on that score. As a rule they must, by law, be
represented by attorneys. Some exceptions apply in certain small claims cases.
Smalls claims court in Illinois is limited to cases that seek money only, and
not more than $10,000.00.
Having said that, there
are any number of situations in which it makes sense for an individual to be
represented by an attorney even though the law does not require it. One sort of
situation in which this would be true is the situation which entails an
attorney representing the opponent, so that it makes sense to engage legal
counsel in order to "level the playing field" and avoid a mis-match.
An arrangement of that sort makes more and more sense as the stakes of the case
increase.
We were recently
informed about a case that arose out of a home remodeling project that went
awry. The homeowners had spent lavishly on a purely elective improvement to
their house but they saw no value in engaging an attorney to help them at the
contract formation phase of the transaction. The problem surfaced when the
project was nearly complete. The amount at stake, only a few thousand dollars,
was far too small to justify a legal fee. But the contractor had an attorney.
The attorney had submitted what was, in fact, a modification of the
construction contract, five dense, single-space pages that called for further
construction work on the part of the contractor. The homeowner airily
misdescribed this document as a mutual release, as if to say that anyone with a
license to practice law could tell in two minutes whether the document was
sufficient for the task.
The upshot: There was not enough money involved to warrant paying an attorney but there was too much work in prospect on the part of the attorney to justify giving a "freebie" to a stranger who had tens of thousands of dollars available to improve the house but no budget at all for legal work.
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