06 March 2020

Law Without Lawyers

The Court system is designed to be used by people and entities represented by lawyers. But, the reality is that this often doesn't happen in civil (i.e. non-criminal) cases where there is not a constitutional right to counsel, especially in divorce, legal separation and custody cases, and for defendants in collection and eviction cases. According to the Colorado state court administrator, here are the facts, broken down by state judicial district.

Domestic Relations Cases

In domestic relations cases (i.e. divorce, legal separation, annulment, paternity, child support, and custody cases), 69% of cases have no attorney on either side, and 75% of people in domestic relations cases are not represented by an attorney.

General Jurisdiction Court Civil Cases

In District Court civil cases, which include personal injury cases, collection cases involving dollar amounts in excess of $25,000, business disputes, and real estate disputes, 9% of cases have no attorney on either side, and 37% of people in such cases are not represented by an attorney.

Pro se parties in these cases are mostly defendants in collection cases and defendants in personal injury cases who didn't have insurance.

Limited Jurisdiction Court Civil Cases

In County Court civil cases (excluding small claims court cases), which include most evictions, collection cases involving dollar amounts under $25,000, and most cases seeking a protection order, 14% of cases have no attorney on either side, and 60% of people in such cases are not represented by an attorney.

Pro se parties in these cases are mostly defendants in evictions, collection cases and parties to protective order cases.


No comments: