Do I have right to defend my own case in court without lawyer?

Question. I have been made a party in 4-5 cases in different courts. It is difficult for me to pay to advocates in these cases. Can I defend myself in these cases in the court on my own and fight the cases without engaging any lawyer?

Court roomAnswer. Yes. You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court. A party in person is allowed to fight his own case in the court.

That said, you should be aware of certain difficulties that you may face. No doubt, you would be the master of the facts of your case. But, you should also have a working knowledge of law, procedures and to some extent, the court-craft. If you don’t know the procedural and legal nuances, you may lose on important points. The courts have become slave to their own procedures. These procedures are required to followed mechanically even if they may appear to be ridiculous or obsolete. And, there are too many of them. Courts won’t allow you to digress from the established procedures. Even for filing a petition, there is a set procedure which may differ from court to court. Just to give an example, in Supreme Court, each annexure has be certified as true copy on its last page; in Delhi High Court each annexure has to be certified as true copy on each page; and, in Central Administrative Tribunal, each annexure has to be certified as true copy on the first and last page. So, you must know what to do where, otherwise you’ll have to keep spending your time and energy in curing the defects of filing, etc. After all, time also has some value in terms of money. This is just one requirement, there are so many others in each court. You’ll have to learn these by trial and error. This is not to scare you, but to caution you of the difficulties.

As it is said, practice makes a man perfect. By continuously practicing in a court, advocates acquire knowledge of the law and procedures in a court. If you want to fight your own case, you’ll have to learn the tricks of the game from square one and will have to master those skills quite fast, since you are learning at the cost of your own case.

You should also be aware that many of the presiding officers in the courts (i.e., the judges) may not look at the party in person in a favourable way. This is because a party in person may take extra time and say many unnecessary things and may not know the law and procedure; so, many judges lose patience. At the same time, I have seen some good judges who give a sympathetic hearing to a party in person. So, it all depends.

Thus, if you have an aptitude for law (and, more so, if you have a degree in law), go ahead and fight your own case in court, without engaging a lawyer. The law does not stop you from fighting your own case and you have every right to do so. It is only the lack of knowledge of law and procedure that may pose difficulties. One more option could perhaps be to fight your own case, but take guidance (about procedures and basic provisions of law) from some junior upcoming advocate who may not charge you much.

16 COMMENTS

  1. I am a Canadian, severely injured on American soil, by an American airline company. Under American Federal Civil Law, can an attorney SECRETLY re-file a complaint for 4-times more money than the Plaintiff had signed? I had agreed to, AND SIGNED, a complaint in the amount of $1 Million, against an American airline who caused severe injury and permanent physical bodily damage. During my deposition, I learned (to my shock) that my attorney had SECRETLY re-filed without my knowing, nor my authority, nor my signature, a new filing in the insane amount of $4 Million, causing me to lose my one-sided case and my favoured position to receive a substantial outcome nearly $1Million, only to be dropped/reduced (due to a petition) to being tried under my country’s Canadian “Ontario Law”, which limits the maximum at 1/10th the value for eligible suing —– therefore my $4 Million case was dropped down to $400,000 maximum. Can an attorney LEGALLY do that behind the Plaintiff’s back? What recourse would anyone have, as the Plaintiff? Is this action by the attorney for the Plaintiff (me) even legal?
    Thank you kindly.

  2. Hello sir I need urjunt help for my case .as I m accused and complaint put false case of 138 and.when ever I appointment lawer they charge me lot .then telling me for settlement.know I fail to settlement .
    Know complaint done many tricks to take order against me ..know last date in fainal he submitted Wirritern Argument .
    Know on next 27/12/2021 I have to submit the argument .I can personally submit ???

    Pls help as I m suffering from brain strok .
    Regards
    Mehul Marolia
    9930331839

  3. Sir
    Facilitation of job opportunities by consultancy .
    Regarding job opportunities I have given 90000INR to job opportunities consultancy.
    Still now no opportunities/ no money returns from him.
    1. Compliant given to SP office. CSR raised.
    2. Evidence: Bank transactions statement.
    3.voice recorded
    3.whats app messages
    4. Social media LinkedIn advertise ment.
    Compliant given to superintendent of police
    Compliant given to DGP of tamilnadu
    Compliant raised on CM cell grievance
    Compliant raised on CM help line
    Compliant raised on economic offence wing
    Compliant raised on Right to information.
    All documents evidence also available.
    But no action from police department. Hence, I am interested to put on high court without lawyer. Since I dont want spend much more money court case..my self I am taking call to court with out lawyer.
    Your views and feed back on it
    Regards
    Babu 9940020796

  4. Hello sir, I just want your advice sir as I am loosing my property for sake of metro project but I was shocked to see that acquisition officer is asking for the documents of forefathers aging 70years with there signatures were can I go for it. To claim my compensation he says there is a apponent claim that he his a absolute owner but we are their for 45 years in same property with all taxes paid up-to-date inclusive of Katha in our name kindly advice further step can be taken

  5. I want to file a PIL against the appointments of other religion people in hindu temples..
    can I file a PIL without an advocate..?
    May I know procedure of filing PIL..?

  6. If I decide to represent myself in the court room in a divorce case, would it be worthwhile to hire a lawyer as my legal aid who will help me addressing those small yet complicated procedure in the court room. I happen to be from an IT background and know nothing about court room procedures, but I wish to fight my own case out as I believe I’ll be the best person to put forth my points and facts. please suggest.

  7. I need help pls help me my husband borrow money from his boss and his boss stop he work to go and find another place to work and him and she have an agreement to pay her 20000 thousands every month when he gets a job now his boss fusing him to pay her and last my husband got a new job and his boss go to his new job department and speak against my husband and they stop him work again and my husband boss come with policeman and they arrested my husband and they are going to Cort pls we don’t have money to pay a lawyer pls help they total amount is 318300

  8. Sir, mein Sanjay Singh S/o Sh. Surinder Singh Ludhiana Punjab mein private job karke apne pariwar ka palan poshan kr rha hoon, Background mere gaon mein mera neighbour Lallan Singh ne kanooni kamiyon ki jankari ka faida uthakar dhokhe se meri Agriculture land (Bhumdhari khet) mein se rasta nikalwa rha hai, pta nhi kaise usne court ko misguided karke high Court ka order bhi le liya hai, jiski hamein koi information pehle nhi thi, usne apne sath may be kai govt. Adhikari bhi mila liye hai. Mera case Advocate Anand Kumar Singh handle kr rhe hai, par Nov 2020 se abhi tak wo court se Stay Order nhi la paye. Kis par yakin karein kuchh samajh nhi aa rha, sabhi taraf corruption hai. Koi bhi apna kaam imandari ke nhi kr rha hai, please hamare Bhumdhari khet mein se rasta nikalne se rokiye…meri madad kijiye…I m helplessness…. Sanjay Singh Ludhiana se…9115472688, Mere Papa Surinder Singh…9417366149, mere chacha Rajender Bahadur Singh….9552412585.

  9. Hello sir…mujhe apa.k advice ki bahut jid jarurt hi…mujhe aur husbnd ko ek fake case mein fasya ja rha gai..
    Poilce ka ek ek.employe b un.ka.sayh de rha gai…os police employee ne mujhe se 3 lakh 50000 ki bribe.ki demnd ki…and mujhe warn kia k agar mai 3 days mein.money ka intzam.nhi kar saki to wo CIA staff mein mere kapdae tak utarwa dega..maine apne villge k sarpanch.ki inquiry lgwaye thee and os ko rokane k.lea os ne apne hi ex driver k sath mil k muj par 420…406…immgration act…370 and 384 lga de…jab k mera os k sath ek.paisa ka b.koi.lran dean nhi hai…os ne ek whtsapp cht as proof de …jo k.totaaly fake hai…os ki forensic report b hai mere pass….but os police employee ki whje se hmari koi sunwai nhi ho rahe…plz mujhe bcha lejeie

  10. Sir, i had filed a divorce petition in Family Court Bangalore in 2010. The opponent filled a petition for transfer of case to Hubli Court in Dharwad High Court. The matter was disposed favoring me. Later in 2012, the opponent approached Supreme Court and their petition was admitted and the proceedings were stayed at Bangalore. I didn’t appear thinking that the matter will be made ex party and disposed favoring the opponent. It’s around 5 years now and my case is still stayed. Last year Nov, i visited Supreme Court and approached the Legal Aid Services. An advocate has been appointed on my behalf but the matter is not getting listed. Whenever i speak to the advocate, i get a reply that they did their part and listing will be taken care by the computer itself. Sir, how long should i wait still? Is there any way to get my case listed? I absolutely have no objection whether the case proceeds at Bangalore or Hubli. Thanks.

  11. सर central government ने 2003 मे एक बिल पास की या जिसमें पाराधी जाति को scheduled tribas मे से निकाल दिया है मैने central or state government के कई department के पास RTI act दारा सुचना ए मांगी है.मे अभी Gujarat High Court भी गया था और में ने Gujarat High Court के Section Officer से बात की तो उनहोने बताया की आप के पास जितने RTI पत्र के जवाब है उनकी सभी की फोटो कोपी हमे दिजीए फिर हम आपको ये बताए गें की आप PIL कर सकते हैं कि नही तो सर मे अभी उनको सारे RTI पत्र और उनके जवाब भेज रहा हूँ परंतु में उनहे कैसे बताउ की अगर Gujarat High Court ने मुझे PIL करने से मना कर दिया तो नही मेरे पास और नही मेरी जाति के पास उतने पैसे है की हम Privet Advocate रख शके.तो सर कया हम without advocate हमारी जाति के लिए केस लड सकते हैं? तो में Gujarat High Court से कैसे अपनी बात की सिफारिश करु please हमे जलद बताइ ए गा.

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