Undoubtedly, the current legislation allows you to file not only statements of claim, statements of separate proceedings, as well as petitions and objections, appeals and cassations, to ordinary citizens who do not have a legal education. Only indirectly, at the level of act 59 of the Constitution, as well as separate procedural codes, provide the right (not the obligation!) to seek legal (legal) assistance.
In light of this, many are interested in the question: will they be able, if they have problems related to judicial proceedings, to defend themselves independently, acting as “lawyers” of themselves, because according to the same Constitution – the assertion and ensuring of human rights and freedoms is the main obligation of the state. When dealing with self represented litigants the consultants would be offering perfect help also.
The reasons for ignoring legal aid and the consequences
Of course, everyone understands that going to court without a lawyer is a forced measure, connected, for the most part, with a lack of financial resources. But, strange as it may seem, there are also those who believe that they can independently defend their rights and interests in court. Both the first and the second – in the end, as my experience shows, are not what they wanted from the trial.
As noted earlier, our legislation clearly shows that a citizen has the right to defend himself. He can do this by recruiting a specialist lawyer or representing his interests on his own.
Many people think that the main thing is to prepare well for the process
First, self-defense in court, as a minimum, will require knowledge in the legal field. It should be noted that in order to study the Civil and Civil Procedure Code – the main collections of articles of the law that will need to be paid attention – it will take time. It is also worth mentioning here that it is necessary to flip through the judicial practice, do an analysis of cases of a certain category and understand why courts refuse one, and others are satisfied with the requirements for similar cases.
- Of course, reading codes is a serious and thoughtful work. Of course, one should not study them from cover to cover, unless there is a desire to become a lawyer in the future. It is necessary to find and study those articles, the legislation, that practice that are relevant to their specific case.
The main thing that you will have to keep in mind is that you have to be careful in making the choice regarding the case and the legal steps that you will be taking. There are a lot of novices who do not have the proper idea regarding how to make an entry to the issue and about the point of arguments. These are the matters that you will have to take care of.