Quote:
Originally posted by Lady Pi Phi
Slight hijack...
Lawyers aren't allowed in small claims court? I find that really odd. I agree that hiring a lawyer will probably cost you more than you are suing for. But I don't see why a lawyer would not be allowed in small claims court?
/hijack
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I'm not sure exactly why they aren't allowed in small claims, but I'll try and find out for you. I think that it has to do with it being for lesser monetary amounts, and a way for people to settle disputes on their own in a more informal setting. There aren't objections, briefs written, cross examinations, or anything of the like. The cost of the lawyer usually is more than it is worth for going to court, and a lot of lawyers wouldn't even waste their time on it.
Where I live you don't even go to court right away, there is mandatory mediation, and allegedly 75% of cases end there. If you're in mediation, and no agreement can be reached, then you go to court the same day. I know if it isn't resolved to our satisfaction if it goes to court, we can appeal the decision to district court. Lawyers are allowed in district court, but not law students with a limited practice license (so no hiring a 3L with a retainer of a bottle of scotch and a pizza).