A defense without a lawyer – is it worth defending yourself against a lawsuit?

Why do you want to file a defense without a lawyer?

As you know, handling a lawsuit in court is often a matter that can take a long time, especially It costs quite a bit of money.Many litigants are interested in saving money. Lawyer's fees Assuming that they will be able to prepare a defense on their own, and then be able to represent themselves in court.

Financial considerations are the main reason why people consider filing a defense without a lawyer., but with one exception, economic considerations may lead to incorrect decisions being made by the defendant, who must submit Defense Which was prepared in accordance with the Civil Procedure Regulations.

There is a very high probability, especially if you are not a lawyer, that you do not know anything about them. Civil Procedure RegulationsIf you are not familiar with the provisions of these regulations, it is no wonder that the defense you submit alone and without the assistance of a lawyer will not be A defense that will help you (And sometimes it may even hurt you).

The problem with filing a defense without a lawyer

Managing a legal process, including preparing a defense properly, is a very complex matter that requires expertise.It is not for nothing that senior and very experienced lawyers charge very high fees for managing a defense, especially in complex cases in which success is very crucial for the defendant.

Filing a defense without a lawyer will not necessarily help you, and worse, Filing a defense without a lawyer can really hurt you. Beyond the fact that there are very clear rules that must be followed for the preparation and submission of Statement of defense in a financial claim Or civil, otherwise The legal secretary may not accept your defense for the court case, and you will need to make corrections and adjustments., but you may act tactically incorrectly and reveal or conceal a certain detail that could greatly aid your defense.

Remember – correcting mistakes usually costs much more than preparing and filing a defense properly. There are also cases where it is not possible to correct the mistakes you make on your own, and in such cases there is a significant chance that it will be very difficult, or even impossible, to fight back. Civil lawsuit or Financial claim filed against you.

כלומר, במקום לחסוך כסף באמצעות הגשת כתב הגנה ללא עורך דין, אתם עשויים למצוא את עצמכם במצב שבו תאלצו לשלם הרבה יותר כסף, כדי לתקן את הטעויות שעשיתם עד לאותו שלב. ישנם מקרים רבים מאוד שהשופטים עצמם רואים שהנתבע "מסתבך" וממליצים לו בחום לשכור עורך דין על מנת שייצג אותו, ולעיתים יותר מרומזים שיש צורך להגיש Request to amend a statement of defense.

Another thing to consider when considering filing a defense without a lawyer is the time frame for actually filing the defense in the court file. The defendant does not always know how long after receiving a lawsuit he must file a defense. If the defendant does not file a defense on time, he may receive Judgment in the absence of a defense. Cancellation of a judgment in the absence of a defense It is not a simple matter, and this matter in itself may cost the defendant quite a bit of money. If the request to set aside a judgment in the absence of a defense is not accepted, there will be no escape fromFiling an appeal To the higher trial court.

For general information; different lawsuits require the filing of a defense within different time periods:

1. A claim in regular court (claims over 75 thousand shekels) is binding. Filing a defense within 60 days.
2. Claim within the framework Quick discussion (Claims up to 75 thousand shekels) requires filing a defense within 45 days.
3. A small claims defense must be filed within 30 days.

If you did not have time to file a defense without a lawyer on the relevant date, you can contact the court and request an extension to file a defense. It is highly recommended to file the request before the deadline for filing the defense has passed, and it is advisable to attach the plaintiff's position to your request (whether he agrees or opposes the extension, and why).

Filing a defense without a lawyer in a small claims case

A small claim is the only case in which you can consider filing a defense without a lawyer. A small claim and all proceedings in small claims court were originally intended for people without legal training, in order to resolve legal disputes in a manner that is not necessarily formal.

In small claims, judges do not require defendants (or plaintiffs) to prepare a defense in accordance with the Civil Procedure Regulations (although this is not prohibited), because it is clear to them that most people who come to small claims court are not at all aware of the provisions of these regulations.

יתרה מזאת, עורכי דין כלל אינם רשאים לייצג תובעים או נתבעים במסגרת תביעה קטנה, ללא אישור מראש מטעם בית המשפט. אישור זה ניתן לעיתים רחוקות, ובדרך כלל כאשר אחד מבעלי הדין הוא עורך דין בעצמו, וכדי לאזן את "יחסי הכוחות", בדרך כלל בית משפט לתביעות קטנות מאשר גם לצד השני להיות מוצג על ידי עורך הדין.

In order to assist non-lawyers in filing a defense without a lawyer, the Ministry of Justice has published Instructions for submitting a defense and even a sample defenseIt is highly recommended to read the information and use the sample defense for a small claim, which can be downloaded free of charge, in order to avoid mistakes.

How much does it cost to have a lawyer prepare a defense?

Unlike preparing a defense without a lawyer, which will cost you nothing because you or someone close to you will help you prepare the defense, preparing a defense professionally by a lawyer may cost quite a bit of money, and usually No less מ-5000 שקלים בתוספת מע"מ.

It is important to know and understand that there is no uniform price list for filing a defense, because many other parameters need to be examined that may affect the amount you will have to pay for preparing a defense.

Examples of issues that may affect the amount of payment for the preparation of a defense by a lawyer (not a closed list):

1. Experience and seniority of the lawyer you choose – the more experienced the lawyer is and the more successful they are, the higher the fees you will usually pay.
2. Complexity and subject matter of the claim – the more complex the issue, the more you will usually have to pay a higher fee.
3. The amount of the claim – may affect the amount of payment you will have to pay to the lawyer, because the higher the amount, the greater the lawyer's responsibility towards the client, and the greater the exposure toProfessional negligence May be very significant (especially in cases involving real estate).
4. Urgency of filing a defense – Some clients wait until the last minute before contacting a lawyer to prepare a defense. The less time there is to prepare a defense, the higher the fee may be.
5. Number of defendants to be defended – There is a big difference between filing a defense for one defendant and filing a defense for multiple defendants. Usually, when defending multiple defendants, more time must be devoted to the defense.

There are cases where just preparing a defense by the lawyer may cost the client tens of thousands of shekels (especially in cases that deal with disputes of hundreds of thousands or millions of shekels, or more).

Filing a defense without a lawyer or with a lawyer – what to choose?

It is very difficult to establish a uniform rule that applies to all cases, according to which it will be decided whether to file a defense without a lawyer or with the assistance of an experienced lawyer, but it is certainly possible to offer several points for thought so that each client can decide what is more appropriate in his or her case.

First point to consider – the amount of the claim

The amount of the claim may be a material consideration in deciding whether to prepare and file a defense without a lawyer or to use the services of a lawyer. The lower the amount of the claim and the less exposure the defendant has, the less likely it is to file a defense without a lawyer.

On the other hand, the higher the amount of the claim, and the greater the defendant's exposure, it is definitely worth considering hiring the services of a lawyer.

A second point to consider – can the defendant proceed alone throughout the entire procedure?

Filing a defense without a lawyer is not the end of the story for the defendant. The defendant should take into account that there are many legal procedures that he will have to follow, including appearance and representation at hearings. These are skills that are acquired by litigation lawyers over many years, and it is very doubtful whether a defendant who is not an experienced lawyer will be able to follow all the procedures correctly and on the relevant dates.

Third point to consider – the defendant's financial capacity

It is impossible to ignore the fact that not everyone can hire a good lawyer, and sometimes it seems that there is no choice but to file a defense without a lawyer, because there is simply no financial ability to hire a lawyer.

In cases where the defendant is completely financially incapable, he may consider applying for a Legal assistance from the Ministry of JusticeAs part of these requests, the defendant's financial capacity is examined and, in appropriate cases, the Ministry of Justice may appoint a lawyer to the defendant free of charge.

Fourth point for thought – the complexity of the claim

It is impossible to prepare and file a defense without a lawyer if you do not even understand what is written in the lawsuit. Sometimes lawsuits are loaded with legal arguments and citations from court decisions. Often, a person who is not a lawyer simply would not know how to deal with such arguments or locate court decisions that may support his claims, and in these situations it is not reasonable or correct to file a defense without a lawyer, especially if the amount of the claim is significant.

In conclusion

Most people consider filing a defense without a lawyer to save money. The problem is that filing a defense without a lawyer not only won't always save you money, but it may cost you more because you will have to correct mistakes you make during the lawsuit, including if you don't state Preliminary arguments Relevance.

In order to decide whether or not you need legal assistance from a lawyer, you can consider a number of factors, including the amount of the claim, the complexity of the claim, whether you have the ability (or desire) to conduct yourself in court (including in hearings before a judge), and of course whether you have the financial ability to pay a lawyer (if not, you should consider applying for free legal assistance).

The amount of the fee for preparing a defense by a lawyer may be affected by the experience and seniority of the desired lawyer, the complexity and subject matter of the claim, the amount of the claim, the urgency for filing the defense, and the number of defendants who must be defended within the framework of the defense.

עלות הכנת כתב הגנה במקרים הפשוטים ביותר תעלה, ברוב המקרים, לא פחות מ-7500 שקלים בתוספת מע"מ.

Example of a defense letter to the condominium supervisor.