Small Claims Court: Why You Should Hire a Lawyer When Making a Claim

The purpose of the Small Claims Court is to provide a forum for litigants to resolve their disputes in a quick and cost-effective manner. While the procedures of the Small Claims Court are designed to allow for the ease of use of self-represented litigants, the process remains intimidating for many, especially those who are unfamiliar with the legal system. Hiring a lawyer to navigate the Small Claims Court system can serve to alleviate confusion with the process and could make the difference in the success of your case.

Many people are unsure whether they even have a case, or what the prospect for success of their claim may be. A skilled lawyer will be able to meet with you and assess your claim, answer your questions and provide a legal opinion which highlights the strengths and weaknesses of your claim.

If you do choose to proceed with your claim, a lawyer can assist you in drafting your pleadings in a clear and concise manner that best serves your case and makes your claim easy for the Judge to read and understand. A lawyer will present your case in an objective manner, which is beneficial for those who may have difficulty in organizing their case or who have a great deal of emotion attached to their claim. Furthermore, a lawyer can sort through the documentation related to your claim in order to identify those documents which are necessary to support your claim, and protect documents which are privileged and should not be disclosed.

Once your claim is filed, a lawyer familiar with the process can navigate through many of the procedural steps, including serving the claim on the defendants, assessing any defences which may be filed, and handling interlocutory steps like drafting motions and affidavits or noting defendants in default, if necessary.

In many cases the party on the other side of your claim will have hired their own lawyer to protect their interests. In this way, a lawyer acting on your behalf can serve to protect your rights and deal with opposing counsel directly. On the other hand, having a lawyer on your side to deal with an unrepresented defendant can make the process less stressful on you, as all communication with the defendant is done through your lawyer.

The Settlement Conference, a mandatory meeting between the parties before a judge to discuss the potential for settlement can be an intimidating situation for an inexperienced litigant. A lawyer acting on your behalf can effectively advocate on your behalf to a judge in the skilled and professional manner required by the Court.

Finally, a lawyer knows the best way to present your case at trial. There are Rules on the type and scope of questioning that can be asked, the evidence that is admissible, and procedures to follow while arguing your case before a Judge. An experienced Small Claims court lawyer can present your case in a well-prepared, organized manner that takes into account all of these procedural considerations.

The legal process is intimidating for the inexperienced litigant, no matter what level of Court. Retaining a qualified lawyer that act on your behalf or on behalf of your business and organize and draft your claim, represent your interests through the settlement conference, and advocate on your behalf at trial could be the difference in the success of your case.

Civil Litigation