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Representing Yourself
“In Pro Per”, is shorthand for the Latin phrase “In Propia Persona” used as the legal term for representing yourself. If you plan to do so, there are four things you should know.
- The Family Court prefers that you don't.
Judges of the Family Court rely on the law to rule on family matters. In the courtroom, what you want is less important than what is considered to be in the best interest of the child. While you may believe that you better serve the child's best interest, the judge makes the final decision. To aid in that process, the judge wants to hear from an impartial, trained legal representative who can present the facts of the case in a clear, concise and orderly manner. Family Law attorneys know the law, they know the court and they are familiar with the resources available to help the court make an informed decision. The Judge has to render a decision. Self-representation makes it more difficult.
- You will likely have more success if you hire a family law attorney or a "Certified Family Law Specialist"
Most family practice attorneys, charge little more that other lawyers and will most benefit your case by their particularized understanding of the issues that can otherwise hinder or defeat you if you choose to represent yourself. Remember the old saying, "a person who represents himself in court, has a fool for an attorney".
- In the end, it will cost you more to represent yourself than to pay a competent attorney.
Many people spend as much or more trying to get small concessions on their own, than they would have had they hired an attorney, precisely because it saves them from returning to court for the petty bargaining that results from inadequate representation. It's a well worn cliché but still true today that: "Some people never seem to have enough money to it right the first time, but usually have enough to do it over".
- And last but not least, by hiring competent counsel, you will get the legal mess over with sooner.
Contrary to what you may believe, it has been my experience with family law attorneys that they have no interest in unnecessarily prolonging your legal situation for the sake of increasing their fees. Believe it when I say, they understand the emotional roller coaster that predominates most family legal proceedings. They appreciate the value of closure and seek to expedite it. At a minimum, your lawyer can best promote your interest in the court representation, and in a best-case scenario you can reasonably obtain what you wanted in the first place.
As a footnote I'll say that when you seek out an attorney, it's worth the effort to ask her or him if they allocate a portion of their practice to either Pro bono (no charge) or sliding scale work based on the clients income. Attorneys rarely offer that outright, but may agree to some concession of their standard fee if the case is compelling enough.
For those who have no funds or other resources, there are a couple of options for low or no cost assistance.
Community Legal Services Center
Located at The McGeorge School of Law at 3130 Fifth Avenue, the legal center provides assistance based on need and available staff. Call 340-6080, then press #'s 3, 4, 4, & 2 for information or appointments.
Family Law self-help Clinic
The clinic is held Monday thru Thursday from 8am to 4pm on a walk-in basis only. Simply bring a pen and a current order if there is one and go to Room 113, located on the ground floor of the William R. Ridgeway Family Relations Courthouse, at 3341 Power Inn Road. They provide no legal information over the phone, however you may call them at 916-875-2660 for location or service information.
If you are a non-custodial parent, you can obtain info on:
Your Rights and Responsibilities;
Ways to modify your child support order.
Child support rules and calculation formula;
Income that cannot be used for child support;
Right to a court appointed attorney in paternity actions;
Everything you need to file an answer to a child support action;
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