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Legal Research Centers of West Virginia |
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Making the Decision |
Can
I go to court without a lawyer?
Yes. The
Supreme Court of Appeals of West Virginia says that you have the right to
represent yourself in state courts. In
fact, many people in West Virginia do go to court without a lawyer.
Some people can’t afford to hire a lawyer.
Others decide that they would rather handle their legal problem on
their own.
That
is your decision to make. A guide and the video, Going Solo:
Representing Yourself in the West Virginia Courts, were developed by a
special task force of the Supreme Court of Appeals of West Virginia to help
you make that decision. Please ask a
librarian for a copy. Some
cases are fairly simple and can be handled without a lawyer.
Others involve complicated procedures and legal issues that require the
experience and training of a lawyer. If
it is possible, you should talk to a lawyer about your case.
Whether you decide to hire a lawyer or to go to court on your own, it
helps to know how the court system works.
Can I get help with my case if I need it?
Yes.
There is a list of services on page 11 of this guide that may help you.
You might want to take a moment now, before you begin your case, to
find out where you can get information or advice.
What if I need extra help because of a disability
Everyone
has a right to come to court and participate in the legal system. This includes people who use wheelchairs, people with hearing
and vision problems, and people who
don’t speak English. If
you or anyone participating in your case needs special arrangements, first
contact the Clerk of the Court where you filed the case.
Ask them who the Access Coordinator is for your county.
That person should be able to help arrange what you need — things
like a courtroom that is wheelchair-accessible, a sign language interpreter,
or a translator. It is important
to contact the court just as soon as possible, so they have time to make the
arrangements. If you have trouble
making arrangements, you may call the Administrative Office of the Supreme
Court of Appeals of West Virginia at 304-558-0145.
It’s possible. You may be able to resolve your dispute through a
process called mediation without filing
a lawsuit. Mediation gives people
a chance to sit down with a neutral mediator
in an informal setting to try to work out their conflicts.
A mediator is a trained problem-solver who will help the parties reach
an agreement.
Mediators usually charge a fee for their services, but mediation could
save you time and money in the long run.
Unlike a judge, a mediator will not make decisions for you, but can
help you and the other side think of possible solutions.