Legal Fees Are Too High, Pro Se Litigation On The Rise

 

   

With our economy at its worst, people loosing their jobs, the rate of divorce increases. Legal fees are high and people don’t want to go broke ending a relationship so the number of people serving as their own lawyers is on the rise across the country. 

Cases are no longer limited to uncontested divorces and small claims. Even people embroiled in child custody cases, potentially devastating lawsuits and bankruptcies are representing themselves, legal experts say. The trend has resulted in court systems clogged with filings from people unfamiliar with legal procedure. Moreover, some pro se litigants, as they are known, are making mistakes with expensive and long-lasting consequences — perhaps confirming the old saying that he who represents himself has a fool for a client. 

I filed for divorce in 2001 and it was finalized in 2007. Part of the time I had attorneys when I absolutely had no choice and it was clear the issue that was to be litigated, needed to be handled by an attorney.  Most of my case I handled myself.  I researched, read and became familiar with the family law court system.  I made mistakes, but learned from them quickly and made sure not to do it again.  

At one point, I had earned the respect from a judge and he granted a motion I prepared regarding my home.  I enrolled in Paralegal Studies. This gave me the advantage of how to prepare documents, how to research law, how to cite case law and codes. There are a few internet sites like Nolo.com, Legalzoom.com and Freelegalforms.net that can help you with document preparation.

While the fees lawyers charge vary widely, the average hourly rate ranges from around $180 to $650.00.  In California, about 80 percent represent themselves in civil family law cases such as, divorce, custody and domestic violence cases according to the Self-Represented Litigation Network.

Courts are absolutely inundated with people who do not understand the procedures. Many states offer self-help Web sites or desks at court offices that offer standard legal forms for such things as simple divorces. In some states, volunteer lawyers are made available to give legal advice to those who cannot afford an attorney.

The legal profession may not like the trend but realizes it is here to stay, and has gotten behind the effort. The American Bar Association is encouraging states to set up self-help desks and adopt standard forms.

Also, a majority of states have amended their attorney ethics rules to promote a growing practice known as “unbundling,” or representation “in which a lawyer handles just part of a contract, lawsuit, divorce or other litigation for a fee, rather than taking on the entire case.

My personal experience with having an attorney with limited representation was difficult. If you hired an attorney for one issue, sometimes in family law and dissolution, issues can be “bundled” together and you are left with half an issue dealt with.

The best advice, do your homework. Research case law, family law code, child custody laws, and child support laws in your state. Review the many forms to be filed. When you go to file documents with court, the family law clerk will review the documents before filing them and will always point out to you the mistakes and what needs to be corrected, you can count on that.