Local Lawyer
Biweekly articles and blog posts published in south-central Utah newspapers.
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Some people choose to represent themselves in court. This can be for a plethora of reasons including the cost of hiring an attorney, the type of case, or personal preference.
Remember, with criminal cases, you have a constitutional right to an attorney and with parental termination cases, you now have the right to an attorney in Utah. But, if you must represent yourself in a divorce, civil proceeding, or case with an administrative agency like the driver’s license division, for the sake of the court, its staff, and your time, consider doing the following. Get organized. Have your documents, correspondence, and timeline completed before court. Ideally, if you filed a petition, have your documents, correspondence, and timeline included in the Petition. You probably do not know the rules of procedure, but it’s better to have a coherent timeline of events with supporting documents than to just verbally say everything in a hearing. Bring four printed copies of everything you want to present to the court: a copy for you, the judge, the other party, and any witnesses. Number your pages: you can do this by hand. Use forms. The Utah Courts website, utcourts.gov, has forms you can use for district court. If you have a small claims case (for debts less than $10,000) go to the county office and ask for the proper forms to complete. Make sure to have copies of everything you file and to retain the original copies of any of your documents. You can also access the Online Court Assistance Program at your county courthouse or your personal computer and receive guidance through many different types of cases. Ask for free help. The court clerk cannot provide legal advice. However, Utah has a free self-help resource on the court website or you can call (888) 683-0009. An attorney answers this line and can help you with your questions. Follow directions. The courts have specific rules to protect party’s constitutional rights including special notice and filing requirements. Call the Helpline or ask the court clerk what you need to do to file a document. Show up. Court calendars are busy and judges, especially in our area, travel extensively to provide services to our communities. Just like any other situation, you make an impression on the court with your punctuality, decorum, and presentation, and sometimes mere presence. I won my first trial because the other party failed to appear. Be polite and mindful. Manners will get you far in a courtroom, even if you don’t have the legal knowledge. If you have a hearing, be respectful to the judge. Our judges are incredibly patient with individuals without attorneys as long as you listen and follow their instructions. In my experience, a judge becomes irritated if you interrupt him, continue speaking after he’s told you to stop, or you are disrespectful to the other party or anyone in the courtroom. Understand the Outcome. Depending on the type of hearing, your court date will have some of the possible outcomes. Status Conference: the parties give a simple update to the judge and schedule any future hearing dates. Evidentiary Hearing: is where the parties provide evidence against each other about a portion of the case and the judge makes a partial or full decision on the case. Pre-trial conference: planning issues for trial. Trial: parties present evidence and testimony and the judge makes final decision. Disclaimer. As always, my column is not legal advice, instead merely insight into the law and legal profession. If you have a general question about the law or legal profession, please email me at megan@mustoelaw.com or call 435.610.1431. 11/3/2017 Pro Se and Attorney AlternativesSo last time, I wrote about attorney fees. If you need legal help and an attorney is cost prohibitive, you may need a low cost or no cost option. People who choose to not use an attorney are considered “pro-se.” In criminal cases, if a client cannot afford an attorney, the client has a constitutional right to a court-appointed attorney. Appointed attorneys are called public defenders. Each Utah county has at least one public defender available to qualifying criminal defendants.
Some attorneys offer a-la-carte legal assistance to clients. This piece-meal approach is perfect for clients that just need a little bit of a nudge in the right direction and can manage the rest of their issue themselves. Attorneys can offer to merely explain the process for someone to conduct a legal matter, review legal documents, or advise clients through a single part of a decision. If you want an attorney to look through your plan or help you with the very basics of a legal concept, you may just need to ask if this is possible. Alternatively, if parties have a dispute and want a resolution out of court, they can rely on a mediator. Mediation can include or not include attorneys and is typically conducted by a Utah court-rostered, neutral mediator. The mediator can help resolve issues about contracts, property boundaries, business, divorce, child custody, probate, or any other potentially legal dispute not involving criminal action. Mediators typically charge a slightly lower rate than attorneys and the fee is split between the parties. A list of court-rostered mediators can be found on the Utah Courts website. The following are free or low-priced/free services and are based out of the Wasatch Front or St. George, but they will take phone calls from clients who need resources in south-central Utah. This is not a comprehensive list and new resources are constantly appearing, so always look for options to creatively and inexpensively resolve your legal issue. Utah Legal Services 205 North 400 West, Salt Lake City, UT 84103 800-662-4245 This organization is based in Salt Lake City with part-time attorneys in St. George and Moab. They provide low cost or free service for clients with domestic violence, income maintenance, consumer protection, migrant worker rights, Native American, elder, homeless communities, landlord/tenant disputes, and expunging criminal records. Crime Victim’s Legal Clinic 124 South 400 East Salt Lake City, UT 84111 801-746-1204 The Legal Clinic provides free legal services statewide to crime victims in district, justice, juvenile and appellate courts. International Rescue Committee 221 South 400 West P.O. Box 3988 Salt Lake City, UT 84110 801-328-1091 If someone you know is having immigration or deportation issues, this is an excellent resource to gain help. Disability Law Center 205 North 400 West Salt Lake City, UT 84103 800-662-9080 (voice) 800-550-4182 (TTY) (801) 363-1347 The Disability Law Center provides self-advocacy assistance, legal services, and disability rights education. Utah Courts Self-Help Center Monday-Thursday 11 am-5 pm Call: 888.683.0009 selfhelp@utcourts.gov text: 801.742.1898 This office of the court provides free legal help to people who do not have a lawyer and to provide information for people to understand their rights and responsibilities. Online Court Assistance Program (OCAP) This resource helps pro-se clients file the appropriate paperwork for issues including domestic disputes, landlord/tenant matters, and filing in small claims court. I hope you keep this list near and use it as a reference for yourself and those who may need it. Disclaimer: All materials in this article are prepared for general information purposes only to permit you to learn more about legal concepts. The information presented is not legal advice, is not to be acted on as such, may not be current, and is subject to change without notice. Published 11/2/2017 in The Wayne & Garfield County Insider. |
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