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Should I Have a Lawyer Represent Me in a Small Claims Lawsuit?

Posted by Stephanie Bahr | Apr 07, 2025 | 0 Comments

When facing a small claims lawsuit involving a few thousand dollars, deciding whether to hire a lawyer can be challenging. Small claims court is designed to be accessible and straightforward, allowing individuals to represent themselves without legal expertise. However, there are several factors to consider.

Pros of Hiring a Lawyer

Having a lawyer can provide a professional presentation to the court. Lawyers are skilled in legal procedures and can help ensure that your case is presented effectively. This can be particularly beneficial if your case involves complex legal issues or if you feel uncertain about navigating the court system.

Cons of Hiring a Lawyer

On the downside, hiring a lawyer does not guarantee success. The outcome of a small claims case is ultimately decided by the judge, and having legal representation does not change this fact. Additionally, the cost of hiring a lawyer may outweigh the potential benefits, especially if the amount in question is relatively small. At Foley and Foley Law Office PC we don't want to take a small claims case just for the sake of having another case.  We want to ensure it is the best choice for you.

No Appeal in Small Claims Court

It's important to note that decisions made in small claims court are typically final. There is no appeal process if you are unhappy with the outcome. This means that once the judge has made a decision, it is binding and cannot be challenged in a higher court.

Conclusion

In summary, while having a lawyer can provide a professional edge, it is not always necessary or cost-effective for small claims cases. Carefully weigh the pros and cons, and consider the specifics of your situation before making a decision. 

About the Author

Stephanie Bahr

Stephanie Bahr is a full-time Legal Assistant at Foley and Foley Law Office, P.C. She was born in Edina, Minnesota, and has resided in Watertown, South Dakota since 1992. To further her education after high school, she attended St. Cloud State University and Mt. Marty College. As a teenager and f...

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