Q: I have been sued. Do I need an attorney?

A: It is legal for a party to represent him/herself without an attorney, but whether you can handle personally your legal matter often depends on the venue and type of matter. If you or your business are sued in small claims court, the process is designed to make it easier for parties to represent themselves. Some administrative claims are similar, like unemployment matters. 

However, if you do not regularly deal with the type of claim being alleged against you, or you worry about representing yourself, it is always a good idea to consult an attorney to see if attorney representation is in your best interest.

If you or your company are sued in district court on a civil matter, you will most likely want an attorney. Civil claims allow for various types of damages (money damages, injunctions, punitive damages, attorney fees, etc.) and usually, there are no limits on damages that can be awarded. Because it can be difficult to determine what a judge or jury will do in awarding damages, it will most likely be in your best interest to have attorney representation in district court.

Factors to consider when deciding whether to obtain attorney representation include the:

• Amount of damages being claimed
• Types of claims being made
• Complexity of the claims
• Potential legal issues in the case
• Time involved to prepare for trial

Note, it is often best to contact an attorney even before you are sued. If you anticipate a lawsuit, get in touch with an attorney to see if there is anything you can do to avoid a lawsuit being filed with the court.