When You Need to Hire an Attorney

Individuals sometimes do not wish to hire an attorney when they face legal issues.  In certain instances, some people may think that they can represent themselves, or use forms to solve a legal issue they are facing.  Of course, it often pays to hire an attorney even if someone could resolve a matter by themselves, since lawyers have more experience and knowledge about legal matters than individuals who do not have legal training.  However, people sometimes do not have a choice about retaining a lawyer, and there are certain circumstances when you need to hire an attorney.

Representing a Company

Many states, such as New Jersey and New York, require that companies can only sue, be sued, or make appearances in court through counsel.  In other words, officers of a company who are not attorneys cannot represent the company in court.  The reasoning behind this rule is that courts need to hold someone accountable for the company’s actions.  Since a company is a separate legal entity from its officers, without an attorney, it is difficult to find someone accountable for a company’s acts.

Although some states may allow companies to pursue small claims on their own without an attorney, almost every other court proceeding requires that a company hire a lawyer.  For instance, if a company is facing eviction from its office, it needs to retain a lawyer to challenge the eviction in court.  In addition, if the company is fined for a building code violation or some other issue, the company likely needs a lawyer to go to court and represent them, even if the fine is extremely small.  If an officer of a company is an attorney, this is usually sufficient to satisfy the requirement that a company be represented by counsel.  However, one important situation when you need to hire an attorney is if a company does not have any lawyers on its staff and needs to be represented in court.

Contractual Provisions

Another situation when you need to hire an attorney is when contractual provisions state that agreements can only be modified if an attorney reviews the contact and makes changes within a certain amount of time.  For instance, it is not uncommon for home purchasing contracts to have a provision stipulating that attorney review is the only way that a deal can be changed or terminated.  If an individual signs such a contract, and they are not an attorney themselves, they may be unable to change or terminate the agreement without retaining counsel.

Contracts that contains these provisions usually have very unilateral terms, such that it is necessary to hire an attorney so that the agreement can be modified.  For instance, in the home-buying scenario, the buyer may be subject to an oppressive agreement if they do not make changes to the contract.  Although a homebuyer might think that they can negotiate the terms of a home-buying contract themselves, they may not have the power to modify or terminate the agreement if there is such an attorney review provision.  As such, this is another important situation when you need to hire an attorney.

Recovering Attorneys’ Fees

Another situation when you need to hire an attorney is if you wish to recover certain litigation costs.  As has been mentioned in a prior article, sometimes contractual provisions and some statutes provide that a prevailing party in litigation is entitled to recover their attorneys’ fees.  However, if parties represent themselves, and do not retain lawyers, they are not entitled to attorneys’ fees.  This intrinsically makes sense, since parties who do not retain lawyers to pursue claims do not spend out-of-pocket sums that can be recouped.

However, recovering attorneys’ fees can be a powerful bargaining chip during litigation.  Oftentimes, parties will be more willing to settle a case if they might have to pay not only money demanded during a lawsuit, but the attorneys’ fees spent recovering that sum.  As a result, recouping attorneys’ fees is one situation when you need to hire an attorney, and retaining a lawyer under these circumstances can improve a party’s bargaining position.

Suing on Behalf of Someone Else

Sometimes, individuals are charged with representing the interests of another person.  For instance, an executor of an estate, or a guardian of a minor, represent the interests of others.  These representatives may have to file lawsuits against other parties to recover for injuries, to collect debts, or for a number of other purposes.

However, an individual who represents another person cannot represent that person like a person may represent themselves in court.  Indeed, courts have consistently held that unless an executor, guardian, or other representative is an attorney, that individual must hire counsel to pursue a claim on behalf of the person that individual represents.  It is common for executors and guardians to pursue claims in litigation, and this is another common situation when you need to hire an attorney.

Of course, even if a party can represent themselves, it is oftentimes wise to hire a lawyer.  Litigation is a complicated process, and it is difficult to research all of the rules and procedures involved with lawsuits.  In addition, attorneys have the background necessary to be more successful in court.  The Rothman Law Firm has substantial experience litigating all types of cases in New York and New Jersey.  If you are looking for an experienced litigator, please feel free to contact The Rothman Law Firm to request a free legal consultation.