• 09
  • September
    2010

A recent survey by the American Bar Association asked judges across the nation about the impact that the Great Recession has had on their state court systems. According to 60 percent of the judges surveyed, one of the biggest impacts produced by the recent economic downturn has been the rise in the number of people acting as their own attorney. Not surprisingly, this rise in self-representation is found largely in the realms of housing issues and domestic relations (i.e., child custody, child support, etc.).

While self-representation is certainly permissible and even encouraged in more rudimentary legal scenarios, complications can arise when parties attempt to represent themselves in more complex legal matters such as divorce or child custody.

To illustrate, those acting as their own attorney often fail to provide the other side with the necessary documentation or notice, and frequently commit multiple procedural errors. These problems can become all the more acute in the event of a trial.

"When it comes down to a trial, they don't know the rules of evidence to get their documents admitted, and they don't know the way to present whatever they want to present," said Judge Randy Rich of Gwinnett County, Georgia.

In addition to potentially jeopardizing their day in court, those who represent themselves may be costing state courts both time and money that they simply don't have.

Why?

In these difficult economic times, state court systems across the nation are now struggling with budget cuts/lack of funding at both the state and local level. This in turn is forcing many courts to streamline their procedures and maximize the productivity of court staff. However, an unprepared or uninformed litigant can serve to slow legal proceedings.

When it comes to divorce and child custody, the stakes are incredibly high. Don't sacrifice your right to be heard.

If you are in the midst of an important legal issue and your economic circumstances permit, you should strongly consider speaking with an attorney to learn more about your options.  If you are lacking the necessary means to hire an attorney, you may want to consider contacting a local Legal Aid center.   

This post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for further developments in this case from our Denver divorce blog ...

Related Resources:
  
• More People Forgo Lawyers, Represent Themselves (Atlanta Journal Constitution)