Are attorneys allowed in small claims court California?

While it is a common query across the concerning, "can you get a lawyer represent you in small claims court in California"? The short answer to this question is yes, attorneys are allowed. However, there are some cases.

 

In the majority of instances where a small claims case is initiated in California, the parties are unrepresented, without having their cases handled by attorneys. In the limited jurisdiction of small claims courts, the rules, procedures, and evidence presentation are not complex with the understanding that courts will not need any lawyers. Yet the state law does help a party on either side of a small claim case to contact an attorney to seek advice or even engage an attorney to be present at court on his/her behalf.

 

Still, most of them do not have to pay for attorney's services, as lawyers are allowed but not mandatory. There are a few reasons bringing lawyers to small claims court is rare:

 

- Legal fees are very costly and often surpass the amount of money that is in dispute in the case and this is enough reason for the dispute to be unfeasible. A small claims court is a system of court: its jurisdiction, which covers cases disputing about sums of up to ten thousand dollars, in California.

 

- Attorneys are usually not required in such cases - the rules allow people to do that by themselves giving them the necessary skills to produce their cases and evidence without getting acquainted with complex procedural and evidentiary rules.

 

- The judge can be less accommodating to attorneys making use of jargon and procedures in the small claims court which is supposed to be a forum for settling differences rather than to engage into legal game of chess.

 

Though not forbidden, hiring a counselor solely for his/her guidance in the litigation of a small claim is not a widespread occurrence in most California cases. Having a brief confirm about how the small claims court process and evidence presentation should be done with a lawyer can benefit some claims’ reporters since they may not be sure enough to file or present their claims. In some instances, interests and amounts maybe large enough that it becomes advisable to at least have some form of legal counsel even when the parties are initiating proceedings with small claims court.