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Do You Need a California Lawyer or Not?
Sometimes a lawyer in California is provided to the person being sued at no personal expense. For example, if you are sued because you were in an auto accident, your insurance company will probably provide a lawyer to protect your interests. Of course, it is up to you to contact your insurance company, to give the company notice of a possible claim and to find out if it will provide a lawyer.
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Also, if you are sued as an officer or director of a charity or corporation, that organization may provide a lawyer for you. However, you must remember that you are responsible for any suit in which you are named.
Therefore, you must immediately inform the agency or organization about the suit. You need to cooperate with the lawyer selected for you, but you should consider the possibility that the lawyer provided for you may have a conflict of interest.
A conflict of interest means she or he is responsible to the organization, and the organization’s interests may be different from yours. If you believe there is a conflict of interest, you should consult a lawyer that you select personally.
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Many California lawsuits result from misunderstandings, and can be resolved in ways other than going to court. If someone is suing you, you may be able to talk to him or her and, perhaps, negotiate an agreement.
Or you may be able to resolve the matter with mediation, using the services of a skilled, neutral mediator. Many communities have neighborhood dispute resolution centers providing these services free or at low cost. You may want to consult a California lawyer just to help you determine whether options such as these—known as alternative dispute resolution—may be suitable in your case. Remember, though, that even if you seek alternatives to the lawsuit, you must continue to protect your interests by filing your response and appearing in court.
You may decide to defend yourself in a lawsuit instead of retaining a lawyer, especially if it is a matter for small claims court. The small claims division of a court hears only those cases where the money claimed is below a certain level, usually no more than $1,500 to $5,000. In small claims court, procedures are generally less formal and the judge sometimes helps the parties resolve the matter.
In some small claims courts, however, parties may have a lawyer and demand a formal trial. Keep in mind that if you want to represent yourself, you still can hire a lawyer for advice and, perhaps, coaching.
As you can see, many factors will influence your decision about whether or not to hire a lawyer in Calfornia.
One consideration will be the economics of the situation. That is, how much are you being sued for, what is the likelihood you will win or lose in court, do you think a lawyer will improve your chances of winning, and how much will the lawyer cost? In the end, you’ll need to weigh these and any other factors relevant to the decision.
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