Can You Represent Yourself in Court in Tennessee? Yes, But Should You?
In Tennessee, you have the legal right to represent yourself in civil court. This is called pro se representation, which simply means for oneself. You don’t need to hire a lawyer to file a lawsuit, defend yourself, or handle other civil legal matters like divorces, evictions, or small claims.
Why People Represent Themselves
Some Tennesseans choose to go pro se because:
- They want to save money on attorney fees.
- They believe their case is simple and straightforward.
- They don’t trust lawyers or think they can handle the case better on their own.
The Risks of Representing Yourself
While you can represent yourself, it’s often not the best idea. The legal system is complicated, and even small mistakes can hurt your case. Here’s why:
1. Legal procedures are tricky. Courts have strict rules about filing paperwork, presenting evidence, and making legal arguments. Missing a deadline or filling out a form incorrectly could result in losing your case.
2. Judges and court staff can’t help you. Judges must remain neutral, and court staff are not allowed to give legal advice. You’re on your own when it comes to knowing the law and courtroom procedures.
3. The other side may have a lawyer. If the other party has an attorney, they will know how to use the law to their advantage. Without legal experience, it’s easy to be outmatched.
4. You might end up paying more. Losing your case could mean paying fines, court costs, or even the other side’s attorney fees. In some cases, a lawyer could have saved you money in the long run.
When It Might Be Okay to Go Pro Se
There are some instances where it might be advisable to proceed without an attorney. One example is an uncontested divorce where you and your spouse are eligible to use the court-approved forms. Another example may be an adult name change (where local forms are available). These are primarily matters that are not contested.
Final Thoughts
Yes, you have the right to represent yourself in Tennessee courts. But unless your case is very simple, it’s usually worth consulting a lawyer. A legal mistake could cost you far more than hiring an attorney in the first place. If you’re unsure, many lawyers offer free consultations to help you decide the best course of action.
