How to Find a New York Small Claims Lawyer

Looking for a New York small claims lawyer? Whether you're dealing with a security deposit dispute or a minor car accident, this guide will help you understand how small claims work in New York and how to find legal assistance.

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While you can have a lawyer represent you in a New York's small claims lawsuit, it’s uncommon. Many litigants choose to represent themselves due to the costs of hiring a lawyer. According to New York courts, the number of litigants looking to represent themselves in small claims court is increasing. 

Why is self-representation so common?

Hiring a lawyer is expensive. Legal fees in New York can range from $158 to $677 per hour, making the cost of hiring a lawyer impractical for small claims cases where the amount you stand to win or lose is relatively low.

The cost of hiring a lawyer may not justify the return if you win. New York’s small claims courts have a monetary limit of $10,000 within the 5 New York City Burroughs. Outside New York City, the small claims limit varies between $3,000 to $5,000, depending on the type of small claims court where you file your lawsuit. Learn more about small claims court limits.  Because legal fees can quickly eat into the amount you are suing for (or being sued for), many litigants handle their cases without hiring a lawyer. 

If you’re considering hiring a lawyer, you can consult with one before your small claims hearing (and represent yourself at the hearing), which can help reduce your costs.

We should start with this disclaimer to set your expectations before you start to look for a lawyer.

Here’s why it can be difficult to find a small claims attorney in New York:

1. Contingency Fee Structure: Many lawyers work on a contingency basis, meaning they only get paid if you win. With small claims limits of $10,000 or less, the potential payout for the lawyer may not justify their time. For instance, if you win $2,500, a lawyer charging a 30% contingency would only make $750, which may not be worth their time compared to larger cases.

2. Hourly Fees: The average hourly rate for a lawyer in New York can range from $158 to $677 per hour or more. Legal fees can significantly reduce your potential award if your small claims case only involves a few thousand dollars. For example, if you’re suing for $1,500, even a few hours of legal work could cost you a large portion of your winnings. Lawyers estimate how much money you stand to win, and if the amount is too low, they may not return your calls as they know your case won’t justify their hourly rate. 

3. Specialization: Most lawyers don’t specialize in “small claims.” Lawyers typically specialize in areas like personal injury, landlord-tenant disputes, or contract law. When seeking legal advice for a small claims case, you should look for a lawyer who practices in the relevant area of law rather than an “attorney for small claims court” specifically.

We provide products and services to help you navigate your New York small claims lawsuit. Explore how we can help. 

Here are two options for finding a lawyer to assist you with your small claims case in New York:

1. Free Legal Assistance: New York has various free legal resources to assist you with your small claims case. Many counties offer free legal clinics or services through small claims courts or local legal aid organizations. These resources often include access to legal advisors who can help you navigate the small claims process.

2. Bar Association Legal Referral Services: In New York, many lawyers belong to lawyer associations called bar associations. New York’s bar associations offer referral services that can connect you with a lawyer specializing in the relevant law area. Many of these services come at a fixed price, usually from $30 to $50 for an initial consultation. The table below outlines how to contact the legal referral services hosted by county bar associations across New York.

If you work for a Bar Association and have updated information or a phone number you want us to include in this table, please email us at [email protected].

You will rarely find a lawyer specializing in “small claims,” as lawyers tend to specialize in a specific legal area like personal injury, landlord-tenant, and lemon law. So the first step is to determine the type of case you have to narrow down the type of lawyer you need to find. 

For example:

• Security Deposit Disputes: If you’re dealing with a landlord not returning your security deposit, a lawyer specializing in housing,  real estate, or landlord-tenant law can be helpful.  Learn more about New York Security Deposit Law. 

• Car Accidents: For cases involving property damage after a car accident, it is hard to find a lawyer to help you get paid back for the damage to your car if you weren’t injured after the car accident. Most lawyers that handle car accident cases are only interested in your case if you were personally injured as they handle your case on a contingency (you only pay if you win). Nevertheless, if you need an attorney to advise you on the law around property damage, you should try calling personal injury lawyers.  Review our  guide on how to write a demand letter for property damage. 

Many individuals and businesses successfully represent themselves in New York’s small claims courts. 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.” The process is designed to be accessible to non-lawyers, with simplified procedures and fewer formalities than regular courts. 

Review our complete Guide to Small Claims Court New York, and if you already filed your case, check out our guide to preparing for a small claims hearing. 

If you’re being sued in New York small claims court (the person or business sued is known as the “defendant”), it’s important to understand your rights and responsibilities. You are not required to hire a lawyer to defend yourself, though it can be helpful to speak with an attorney to help analyze your case, especially if it is complex. Remember that small claims courts are designed to be user-friendly, and many defendants represent themselves successfully.

If you’re considering filing a countersuit, gather all relevant documentation and prepare your arguments. Consulting a lawyer beforehand can help you understand the strengths and weaknesses of your case.

If you would like to come to an agreement with the person who sued you (the “plaintiff” or “claimant”), check out our settlement letter tool, which helps you write a letter to the plaintiff to come to an agreement and cancel the hearing. 

We provide products and services to help you navigate your New York small claims lawsuit. Explore how we can help.