Hiring an attorney can be a painfully expensive endeavor, which is why many people prefer serving as their own lawyer – a process known as pro se representation – in cases that involve small claims, divorce, or other potentially low-stakes outcomes. In Texas, pro se representation is a legitimate option if you want to pursue it, but know this: If the majority of your courtroom etiquette comes from “My Cousin Vinny,” you won’t get very far.
The first and arguably most important thing to know about representing yourself in court is that a judge won’t cut you any slack just because you don’t have a J.D. Judges are obligated to hold pro se parties to the same standards as a licensed attorney, which means you’ll need to brush up on the rules and expectations of the court in which you’re going to appear. The rules vary slightly depending on which district in Texas your case will be tried in, and they’re typically available online.
The first and arguably most important thing to know about representing yourself in court is that a judge won’t cut you any slack just because you don’t have a J.D.
Another critical element of pro se representation is familiarizing yourself with the law that will govern your case. Texas statutes are divided into codes (which you can find here), so you’ll need to sift through the relevant area of law to find out what you’ll need to prove or disprove at trial. For example, if you represent yourself in a divorce hearing, you’ll want to read the sections of the Texas Family Code that deal with divorce to gain a solid understanding of how you’ll need to proceed.
Obviously, the biggest drawback to representing yourself is the possibility that your lack of experience in the courtroom will cost you a victory. So before you go down the pro se road, it might be worth it to seek alternative methods of hiring a licensed attorney. One option is finding a lawyer who will take on your case pro bono or one who will work on contingency, meaning you won’t owe them money unless you win. If you’ve been the victim of domestic violence and have no recourse beyond pro se representation, groups like the Texas Advocacy Project may be able to assist you with advice and specialized documents for divorces or protective orders. And the State Bar of Texas has a list of low-cost legal services for each area of Texas that can be a good starting point for securing professional services without breaking the bank.
