Representation in court – should you use a lawyer or do it independently?

Before going to court, you must understand that representing yourself in court is a difficult and complex task. It doesn't matter if you are representing yourself in court or if you are a lawyer representing your clients. Going to court requires thorough preparation and studying the material in order to know how to deal with the judge's questions or the opposing party's arguments. Representing yourself in court requires high self-confidence, the ability to improvise, and quick thinking in order to deal with surprising arguments or questions that were not taken into account before going to court.

In practice, many people appear in court every day, whether they are litigation lawyers (lawyers who primarily represent in court), or people who represent themselves in small claims court. Not all of those people (including lawyers) are aware of the difficulties involved in court representation, and therefore, sometimes instead of achieving a very good result in court, they achieve a significantly less good result, because they encounter difficulties in the courtroom that they are unable to deal with.

Representation in Small Claims Court – A Classic Case for Self-Representation

ייצוג בבית משפט לתביעות קטנות על ידי עורך דין נאסר מראש. לצורך קבלת ייצוג עורך דין בבית משפט לתביעות קטנות צריכים להגיש בקשה ולבקש את אישורו של בית המשפט לכך. הסיבה לכך נעוצה בכך שהליך של תביעה קטנה מיועד לסכסוכים משפטיים קטנים/מצומצמים, ועד לסכום מקסימלי של 38900 אלף ש"ח (הסכום מתעדכן מעט מדי שנה).

Self-representation in small claims court is also one of the biggest advantages of this court, as neither the plaintiff nor the defendant is required to pay Lawyer's fees For the purpose of going to court and resolving the dispute.

On the other hand, if someone is interested in receiving representation by a lawyer in small claims court, they must submit a reasoned request that details and convincingly explains why they cannot do so themselves and why it would be fair to allow representation by a lawyer. One of the classic cases in which representation is possible In small claims court By a lawyer is when the opposing party (the plaintiff or the defendant) is a lawyer himself.

Representation in the Magistrate’s Court – District Court – or Supreme Court

In order to understand the difficulty involved in self-representation in court, it is useful to be familiar with the following data. Magistrate's Court may discuss any Financial claim or Civil lawsuit Up to 2.5 million shekels. The District Court may hear any claim (including Class action lawsuit) Over 2.5 million shekels. The Supreme Court hears appeals against District Court judgments or requests for leave to appeal against Magistrate Court judgments.

These are complex legal proceedings, and the higher the judicial instance, the more strict the legal procedure is. In these cases, representation by a professional lawyer is a must, especially as the amount of the claim increases. It would be unthinkable that a person lacking legal knowledge/education would want to represent himself in a claim up to 2.5 million shekels (in the Magistrate's Court - almost the lowest judicial instance) just as it would be unthinkable that a person without medical education would want to cure himself of a serious illness that requires a complex medical procedure.

Beyond the fact that in order to apply to the Magistrate's Court (and any higher judicial instance), one needs to know how to formulate it correctly Claim (or Defense – in case of defense) or Appeal letter, בהתאם להוראות תקנות סדר הדין האזרחי, תשע"ט – 2018, צריכים גם לדעת מה עושים אם בית המשפט אינו מקבל את טענותינו, ובמקרים אלה לבחון הגשת Request for leave to appeal or an appeal of right (depending on the case), which are filed in different cases and according to different legal procedures.

These examples clearly illustrate why in complex legal disputes or those involving non-negligible sums of money, representation in court must be carried out by Claims lawyer experienced.

However, one can also think of a number of examples in which a person can represent himself in the Magistrate's Court without the representation of a lawyer (this is of course an option that is not recommended but sometimes arises from the necessity of reality, for example in cases where the litigant cannot afford to hire the services of a lawyer).

One such example is when a person defends against a lawsuit to evict a tenant. This is a relatively simple and short procedure in which in most cases the defendant will be forced to leave the apartment anyway, and at most will be given an extension of a month or a few months to complete the eviction.

Another example is when it comes to a procedure of Order to prevent threatening harassment or a protection order. Even in these cases, it is a very short procedure, in which in any case the court is interested in hearing the parties first and foremost and not necessarily the lawyers. Representation in court in these cases by a lawyer can certainly help, but practice shows that it is also possible to handle these procedures without lawyers.

Self-representation before the condominium inspector

The condominium supervisor He is a judicial authority equivalent to a magistrate's court judge, but unlike representation in court, which usually requires hiring the services of a lawyer, in this case too, in most cases it is possible to handle the matter alone.

Hearings before the condominium inspector are conducted much less formally, and the civil procedure regulations are not strictly adhered to. This does not mean that you can act in complete violation of the law and regulations, but rather that if you make a procedural error, it is likely that the condominium inspector will allow you to correct it, sometimes with the imposition of not very high legal costs.

In conclusion

Representation in court in lawsuits involving large sums of money or complex legal disputes should always be carried out by a professional and skilled lawyer. A person who thinks that in these cases he can be satisfied with self-representation in court is mistaken. Ultimately, what will happen is that such a person will get very involved in the legal procedure and will be forced to turn to a lawyer during the process in order to continue the representation. The problem in these cases is that it is not always possible to correct the errors made throughout the process by an unrepresented person, and sometimes correcting the errors may lead to the lawyer's fees being much higher than if his services were hired at the beginning of the process, because it may take a lot of time and resources to correct the errors that have already been made.

Representation in court can be done independently in very specific cases, such as in small claims court, in certain proceedings in the Magistrate's Court, or in simple cases before the condominium supervisor.

Before you decide to forgo representation in court by a lawyer, ask yourself the following questions: 1. Do I have the necessary knowledge to conduct a lawsuit? 2. Do I have the necessary time to devote to conducting a legal process? 3. Do I understand that correcting mistakes I make throughout the court process may cost me large sums of money?

If you answered yes to all of the questions, you are certainly welcome to try to represent yourself in court. If you answered no to at least one question, it is highly recommended that you contact an experienced attorney.

Frequently Asked Questions Regarding Court Representation