Legal Question in Civil Litigation in Tennessee

Hit and Run Case, General Sessions, Get an ATTY?

Today I went to small claims court with an overwhelming

amount of evidence against a man who hit me and drove

off. He does not speak any English, likely an illegal

immigrant, but a translator was present. The judge said

he would not hear our case without this man having an

attorney. I came to small claims to avoid outrageous legal fees. So now I feel I have to spend a load more money

to get one so I don't get outwitted by a slick talker. Why

wouldn't the judge let the translator handle this? Why is

an attorney necessary?

Also, do I stand a chance in court without an attorney with him having one? I have loads of photographic, eyewitness, and phone records/evidence, but I worry about not knowing the ins and outs a lawyer knows and getting beat.


Asked on 8/04/04, 4:26 pm

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Hit and Run Case, General Sessions, Get an ATTY?

The standard lawyer response is that a pro se party is no match for a lawyer. However, I know cases where pro se parties (without a lawyer) have beaten the pants off the opposing counsel.

I happen to be a strong proponent of pro se representation. You may need assistance filing a document that summarizes your evidence in court.

The judge did the right thing to make sure a person who does not speak English understands how our legal system works.

I suggest you look over the pleadings shown at

http://riskmgmt.biz/prose.htm it may give you self-confidence that you can represent yourself and just present your evidence.

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Answered on 8/04/04, 4:45 pm


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