It has been increasingly used the initiative of ordinary citizens to join with existing lawsuits or acting in self-defense, eliminating the technical assistance of a lawyer. This practice is permitted by law, in cases considered less complex and worth up to 20 minimum wages. However, going to court without the knowledge of how the procedural rules can bring undesirable consequences.
1. unexpected process Direction
From the beginning to its end, a process must follow a ritual, a kind of "road map" established by law, and the parties ask what they consider to be right. But if something unexpected occurs, this rite is "broken" and the parties simply do not know what to do.
To illustrate, in general, the initial dynamics of processes in the Special Courts, works as follows: the plaintiff initiates an action, aft part is called to present a defense, both attending the designated audience and then waiting for a favorable decision of the judge. Well, if all went well, it would be perfect!
But what to do, before eventual absence of a party to the hearing? And if the layman is the plaintiff and comes across an indemnity request made by the defendant against him? And if he, for some inconsistency in his testimony, is interpreted by the courts as bad faith litigator and ordered to pay fines and court costs? Can someone move a process and, ultimately, end up being himself convicted? Yes. This is very common, as many people are unaware of the existence of the risk of a setback. And therein is emerging repentance.
2. I want less than could ask
Generally, only after joining, alone, with a lawsuit, the layman realizes its limitations, since often no longer includes certain requests for not knowing how much could have claimed.
Seeking to meet this need, it is common to seek help sites on the Internet, but in general, the sites have generic models that fail to consider the peculiarities of each particular case.
Each case is unique, surrounded by different circumstances and it is these conditions that attach to the application the only character that most of the standard models will not be able to achieve.
Another common practice is to apply to a court desk and ask the attendant to the complaint. Now, will not be very different, as it is for the agent basically help you reduce your request to end. That is, put on paper what is being asked, through a standard form. Remember that the Juvenile Court clerk does not have to advocate function.
In addition, during the proceedings, there is great expectation of the average citizen, to the judge the east, which may not happen, since once charged with impartially judge function, the judge is also prohibited from the advocate, therefore, cannot guide the parties about what should or can ask. On the contrary, the judge, we need to analyze and decide on applications that are directed to it.
3. lower Indemnities
A recent study OAB-GO, conducted by the Law Commission of Consumer Sectional, based on 12 Small claims courts statistics, concluded that the consumer without an appointed lawyer, ends up getting less compensation, especially because, not knowing how negotiate, accept any agreement and ask for a small amount of compensation.
"The study is intended to raise awareness about their rights. Although the courts do not require a lawyer is made, the citizen has to know that can come out winning hiring a good professional to represent you" says the president of the OAB-GO, Dr. Henry Tiburcio. "Consumers often are unaware of their rights and can be injured during a court case" he adds.
4. Vulnerability in control terms.
All judicial acts are subject to a time limit, so the parties must observe these deadlines, under penalty of the loss of opportunity to practice it, jeopardizing the outcome.
The lawyer through term control mechanisms and systematic apparatus that results from your daily routine, has greater condition to exercise this control, while the ordinary citizen, used to make notes on small pieces of paper or rarely consulted agendas, are more vulnerable to oblivion.
5. difficulties in identifying and solving any procedural mistakes
Judges and legal assistants are human and therefore, likely to make mistakes. The layman, unattended, often is not able to identify these mistakes and apply the appropriate corrections to the smooth running of the process guarantee, which may result in delay, wear and unnecessary expense.
6. chance of loss risk
Each procedural act must be performed in due course. Be inexperience or lack of skill in handling the legislation is vast, sparse and often difficult to interpret. The layman tends to lose the right time to manifest, in some cases, definitive and unrecoverable mode.
7. Weakened defense
Riskier While joining a lawsuit without assistance of counsel, is venturing into acting alone in self-defense. In some cases, it is up to the sufferer to action prove in court that the person making the inquiry does not deserve to thrive. It turns out that the lack of legal knowledge can take you not to recognize the instruments and appropriate means of proof, able to sustain their defensive argument or, even worse, often takes to produce documents that harm and further undermine.
8. Wear and loss of time with innocuous actions
It is important to make clear that one thing is what citizens think is right with respect to your specific case, another thing is how the judges have decided in similar cases. The absence of real legal reality of the concept can get people to move doomed to failure actions. On the other hand, the lawyer is able to conduct extensive case law research, give an expert opinion on the subject and verify the feasibility.
9. The practice often differs from theory
Indeed, some have sought legal concepts in books and articles or attended law school, although not engaged in the legal profession.
It is important to remember that the legal system involves laws and other elements that have emerged from a set of ideals to which you want to achieve, but not always consistent with what occurs in practice. This happens because of the limitations imposed by the impossibility. Sometimes the system itself is faced with budget constraints for hiring staff, court auxiliaries, machinery, physical space, materials, factors that, among others, hamper the fulfillment of certain rules to the letter. The experience and practical experience are able to show the best means.
10. "Pile-mouth" with the judge and loss of own reasons
Who are not used to court routine, just not realizing that their own way to complain and, in the judiciary, such as complaints or requests are made through petitions, preferably in writing? One should never express outrage driving cries the judge.
People, in general, tend to believe that wins the cause that to scream or cry more in audience. A completely misconception and may even hinder, causing the party to lose in their claims.
The judge makes decisions primarily based on evidence and not simply through mere allegations or claims.
The good lawyer knows to administer the words at the right time. Silence, on many occasions, is the secret of success.
Conclusion
Of course, there are many other reasons not to go to court without the assistance of a qualified professional, but nor are they required further delay to note that the "cheap can be costly"
Source : direitosdotrabalho
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