Do You Need a Lawyer for a Small Claims Court Case?

While you don’t need a lawyer to represent you in small claims court, consulting with a lawyer before you file your lawsuit can give you peace of mind, especially if your case feels overwhelming or you would like an opinion about your case. Some lawyers offer quick consultations for advice, even if they don’t represent you at the hearing.

While you can always represent yourself in all civil cases (small claims is a type of civil court), if you feel unsure about the laws that apply to your case or would like a lawyer to help you with the process, you can consider hiring a lawyer. Many law firms, including ours, provide fixed-fee services to keep your costs in check. 

Here are some reasons our clients hire us: 

1. No Time: Many of our clients don’t have time to review and understand court procedures or the laws surrounding their cases.

2. Out-of-State: Many of our clients live outside the state where they need to file their small claims case.

3. Legal Research: Many of our clients hire us to confirm whether they are right about the law or help with understanding what laws apply to their cases. 

4. Sending a Demand Letter: Many of our clients hire us to write a demand letter before filing their small claims case as many disputes settle outside of court. 

5. Peace of Mind: Many of our clients are nervous about navigating bureaucratic courts on their own, an area we thrive. 

6. Big Stakes: Many of our clients hire us if losing could cost them a lot of money, property, or important rights. 

7. Avoiding Common Mistakes: Many of our clients hire us to make sure they sue the right person, complete and file the correct court forms, and properly serve the other party.

The rules for having a lawyer represent you in small claims court vary by state. In many states, you are allowed to have a lawyer represent you in small claims court, but it's often not cost-effective due to the relatively small amounts of money involved. 

However, some states have specific rules that prohibit attorney representation in small claims court to keep the process simple and accessible. 

For instance, in California small claims, you are not allowed to have an attorney represent you at the small claims hearing. If you sue a business, they will need to have a non-attorney employee represent the business at the small claims hearing.  However, you are allowed to consult with an attorney before you file your small claims lawsuit.  This rule was created to even the playing field between people who have money to hire a lawyer and those who don’t. 

On the other hand, in New York small claims, a lawyer may represent you at the hearing. However, according to the New York Office of the Deputy Chief Administrative Judge for Justice Initiatives, “78% of litigants appear without a lawyer almost all or most of the time in small claims matters.”

It's important to consult your state's specific rules to determine whether attorney representation is permitted in small claims court. Learn more in our 50-state guide to small claims courts.

If you decide that you would like to consult with a lawyer about your small claims case, review our state-specific guides on how to find a lawyer in your state:

For other states, review our general guide on how to find a lawyer.

Finding the right small claims lawyer can make a big difference in your case. Here are key factors to consider:

1. Reviews – Before hiring an attorney, read their reviews on Trustpilot, BBB, Yelp, and Google to make sure you understand how they have treated past clients. 

2. Fees – Understand their pricing structure. Since small claims involve modest sums, high fees can outweigh the benefits of pursuing a case.  Many small claims attorneys offer flat fees or affordable rates.  Consider attorneys who offer limited-scope services, such as helping with filing paperwork, preparing evidence, and offering strategic advice. This type of assistance can be especially helpful if the attorney can prepare you to represent yourself confidently.  This keeps costs predictable and affordable.

Taking the time to find the right attorney can improve your chances of a successful outcome.

Like all other professional services, don’t forget to read the lawyer’s reviews before you hire them. 

1. Google Reviews: Search for the lawyer or law firm’s name on Google, and you’ll see reviews and ratings left by clients.

2. Trustpilot:  You can find ratings for law firms and other companies that provide small claims court services. 

3. Yelp: Lawyers and law firms are also reviewed on Yelp. 

4. State Bar Associations.: The State or Local Bar doesn’t necessarily provide reviews, but they can confirm if a lawyer has a valid license, and check for any disciplinary action against a lawyer. 

Before taking someone to small claims court, try to solve the problem first. One way to do this is by sending a demand letter yourself or having an attorney write and send a demand letter for you. A demand letter is a formal letter that explains what happened and asks the other person to fix the issue before you take legal action. It also shows them that you are serious about the matter.

If you go to court, the judge may ask if you tried to settle the issue beforehand. A demand letter proves that you made an effort and can be used as evidence in your case.

A demand letter from a lawyer is often more effective than one written by an individual because it carries more weight and urgency. 

• A letter from a lawyer signals that you’re prepared to take legal action if the issue isn’t resolved. The recipient is more likely to respond quickly to avoid a lawsuit.

• A lawyer knows how to write a clear, professional, and persuasive letter that outlines your claims and legal rights in a way that demands attention.

• People and businesses take legal threats more seriously when they come from an attorney. It can encourage faster settlements or responses.

• A lawyer ensures the letter is well-written, legally sound, and includes the right details, reducing the chance of errors that could weaken your case.

• Since the other party knows a lawyer is involved, they may be more willing to settle instead of risking court fees, legal expenses, or a formal lawsuit.

Our law firm focuses on writing and sending attorney demand letters.