Skip to content

To be, or Not to Be: The Representation Question

Robert Winsor

So Why would I want to hire an attorney?  I am smart, capable, and can watch a five-minute Youtube video for every question that I have.  Even though court is complicated, it can’t be that bad……. right?

The Utah Code Annotated, where the Law is written out, has 79 Titles. Every title like a book.  It has sections and pages.  Title 79 has five chapters, and those chapters have between 2-12 parts on average. Yet, this is the law, not how to manage a court room.  There is another guide to the court process called the Utah Rules of Civil Procedure.  This manual has over 100 rules that maintain order in our civil proceedings.  Instructions on how to file a Motion, Petition, and all other documents are found at this source.  In short, there is a lot of detail concerning the courtroom.

This is where an attorney at law comes in.  Their job is to study these guidelines for you!  Attorneys know every case is different, and each client is passionate about their situation.  That is why they will fight for you in court.  Lawyers interact with the court every day.  They know what words to say and when.  Judges and other lawyers can’t intimidate them, and they are accustomed to the pressure.  Not only do they know the rules, but they are able to work the system for your benefit.  In a divorce case, each side has rights and privileges.  Those rights- parent time, property ownership, housing, etc- only are removable by the court, not by any other party.  Communicating with an attorney enable you to know your rights and stop others from taking them from you.

A large part of each case is the paperwork involved to get a court order.  Even though there are templates for each document, it can be confusing to understand the terminology it uses (though several people successfully do so). Then you have to deliver it to the court, and in some cases the opposing party as well.  Even though you are capable enough to do it, Lawyers will do it much faster and much more efficient.  They are engaged in filing documents with the court every day and have drafted hundreds of papers in their careers.  They are overqualified present the information you give them to a judge.

The Utah Supreme Court has said concerning the nature of lawyers and their role in our public system: “Critical to the attorney-client relationship and the integrity of judicial proceedings is an attorney’s duty to represent the interests of a client with zeal and loyalty[.]”  Becoming licensed as an attorney is a covenant to represent their clients interests, and take their side on every occasion.  In the unlikely event that an agent of the court is representing conflicting interests, they will withdraw from one to fully represent the other.  This enables them to fully dedicate themselves to their client without having a bias to another party.

In short, yes, you should hire an attorney.  It will make every dealing with the court easier and smoother.  They will be your guide through the rough patch in your life. It would be their honor to help you get the best result out of the court you can.

As with all blog posts, this is not intended to be official legal counsel. What is written in this article is meant to generally explain the topic, not be case-specific advice. Contact us at winsorlawllc@gmail.com for more information.