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Wednesday, April 8, 2015

Do I need a lawyer to go to Court?

More and more people ask this question, particularly as the costs of living increase and financial pressures on average Ontario families mount.

The simple answer is "no, you do not".  There is no rule which says that only lawyers can present or defend cases in Court.

Courts in Ontario are equipped to deal with people who come before a Judge without a lawyer. Such individuals are referred to as "unrepresented" or "self-represented".

Now let's consider the question from a different perspective and use the following analogy to illustrate the point. What is the answer to the following question: "do I need a doctor to treat my red eye?" The simple answer is you do not - you can certainly treat the problem yourself and you may be able to cure the problem too, after trial-and-error with different remedies at your disposal. On the other hand, if you see a doctor about your red eye, he/she may diagnose the problem with more precision and zero in a lot faster on the treatment, including prescription medication, all leading to a speedy recovery.

Back to our lawyer question: an average person on the street is not trained on what family law legislation says and means, and what case law has provided by way of precedent. Nor is he/she familiar with court administration and the rules related to the conduct of a family law case (and all unrepresented litigants are expected to "play by the same rules" as those who attend with lawyers).

The right lawyer CAN help your case move forward faster and in a more organized way. Most importantly, a lawyer is able to advise you all issues relevant to your circumstances - you may not even be aware of such issues because you lack the legal training.

If you cannot retain a lawyer to act for you then at least invest in a consultation as to your legal rights. It's important.

UPDATE - January, 2018

We are pleased to let you know that our Etsy shop is now OPEN!

Visit it here: SELFREP SUPPORT

In the shop, we make available to you Manuals (E-books) on various topics, to assist you in representing yourself before Ontario's family law Courts.

So far, we have Manuals on preparing an effective:

  • Financial Statement (both long-form and short-form); and
  • Affidavit.
MORE MANUALS TO COME! 

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