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Pro by representation, or representing oneself in a lawsuit, can save money and allow for personal interest in the case, but may be difficult due to complex laws and misunderstanding of the court’s duty. Divorce cases may be suitable for self-representation if both parties can work together. Careful consideration of the case is important before choosing self-representation.
Pro by representation, also referred to as pro se, is what happens when a person in a lawsuit decides to represent themselves, rather than use the services of an attorney. The pros and cons of pro by representation largely depend on the circumstances of the individual case; simple, uncomplicated causes may be easier to handle properly than complex cases. Before deciding whether to opt for self-representation, it is important to carefully review the laws, case law, and legal process to determine if self-representation is the best option.
One of the biggest factors in favor of adequate representation is monetary savings. Lawyers are notoriously expensive, and it can be difficult for people on average incomes to qualify for free or low-cost legal aid. For those who cannot afford the services of an attorney, sometimes the best choice may be to represent yourself.
Another great reason to opt for self-representation is a personal interest in the facts and outcome of the case. As a principal party, a person involved in a lawsuit will have extreme motivation to vindicate themselves or prove a legal point. While self-representation requires a person to take on a serious burden of research, responsibility, and action, she may be in the best position to do so.
Divorce is one of the most common types of cases where pro by representation is favored. If couples are able to work out an equitable distribution of assets and responsibilities, both can avoid the considerable expense of a lawyer. Of course, for this to work, a couple must be willing to work around the emotionally charged situation of divorce itself, but self-representation can be a great option for those who can handle a cordial split.
One of the major disadvantages of proper representation is that the law is often complex and far from the realm of purview of the principal parties. While some issues, such as divorce laws, may be simple enough to understand, many areas of the law involve decades of complex legislation, conflicting case histories, and complicated filing and paperwork requirements. The benefit of a professional attorney’s expertise in such cases can far outweigh the potential monetary costs.
Another serious problem with self-representation is a misunderstanding of the duty of the court. Judges are usually strongly encouraged to adhere to the law and legal precedent, which are not always identical with the ideals of common sense or fairness. A person who represents himself may be naturally inclined to argue for the way the law should be for the sake of fairness, but most legal cases require the judge to determine the outcome based on the law as it stands. Self-representation requires a person to leave behind subjective feelings of fairness and build a case based on laws, which can be difficult for many to accomplish.
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