Can you have an attorney represent you in small claims court?

I “answered” to a small claims court summons and in the paperwork on, it said something about not being able to have an attorney represent you. Why? This verbal agreement that I had with the Plantiff was breached by him more than once so I really don’t think I will need a lawyer to represent me but what do you think?

Asked on July 3, 2012 under Real Estate Law, Arizona


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There aren't any attorneys representing clients in Small Claims Court.  Standard operating procedure for Small Claims Court is no attorneys representing the parties.  The plaintiff and defendant appear before the judge without attorneys.  If there were attorneys representing parties in Small Claims Court, the fee charged by the attorney would probably consume most or all of the limited amount of compensation a party is seeking to recover in Small Claims Court. 

Instead of filing the case in Small Claims Court, if you want to be represented by an attorney, the case could have been filed in a higher court.

One advantage of Small Claims Court is that the costs and delays of litigating the case in a higher court are avoided.

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