SUCCESS IN SMALL CLAIMS - IS A LAWYER NECESSARY?

• NCJ Number: 57568
• Journal: Judicature Volume: 61 Issue: 4 Dated: (OCTOBER 1977) Pages: 176-194
• Author(s): S WELLER; J C RUHNKA; J A MARTIN
• Date Published: 1977
• Length: 9 pages
• Grant Number(s): APR 75-07905
• Sponsoring Agency: National Science Foundation
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: PART OF A STUDY BY THE NATIONAL CENTER FOR STATE COURTS, ENTITLED IDENTIFICATION OF OPTIMUM OPERATIONAL PARAMETERS AND PROCEDURES FOR SMALL CLAIMS COURTS

Annotation

THE CRITICAL VARIABLES AFFECTING THE ABILITY OF A CITIZEN TO WIN A SMALL CLAIMS CASE ARE IDENTIFIED.

Abstract

THE SMALL CLAIMS COURT WAS INITIALLY INTENDED TO BE A VEHICLE FOR THE POOR TO BYPASS THE FORMAL AND EXPENSIVE TRADITIONAL JUDICIAL MACHINERY. HOWEVER, THE SMALL CLAIMS COURTS HAVE NEVER BECOME THE 'LABORATORY' THEY WERE INTENDED TO BE--A MECHANISM WHERE MORE EFFECTIVE METHODS OF SERVING THE POOR COULD BE TRIED OUT. THE SMALL CLAIMS SYSTEM WAS REVIVED DURING THE 1960'S AND MANY OF THE STATES AMENDED OR ENACTED SMALL CLAIMS STATUTES. THE SMALL CLAIMS COURT SIMPLIFIES THE LEGAL PROCESS THROUGH THE USE OF AN INFORMAL TRIAL IN WHICH THE JUDGE IS EXPECTED TO PARTICIPATE, INVESTIGATE THE MERITS OF THE CASE, AND MAKE AN IMPARTIAL DECISION. IT IS ASSUMED THAT NO CLASS OF LITIGANTS WILL BE DISADVANTAGED UNDER SUCH A SYSTEM. RECENT STUDIES HAVE QUESTIONED THE VALIDITY OF BOTH ASSUMPTIONS; JUDGES ARE OFTEN ALOOF AND LAWYERS ARE OFTEN PERMITTED TO DEFEND CLIENTS. OFTEN THE REPRESENTED CLIENT TENDS TO HAVE A BETTER CHANCE OF WINNING HIS CASE. DATA WERE OBTAINED FROM THE MUNICIPAL COURT OF ROCHESTER, N.Y.; SIX MUNICIPAL COURT JUDGES WERE INTERVIEWED, THE COURT RECORDS OF 457 SMALL CLAIMS CASES WERE EXAMINED AND QUESTIONNAIRES SENT TO THE DEFENDANTS WITH A 30 PERCENT RESPONSE RATE. RESULTS SHOWED A 100 PERCENT VICTORY RATE FOR THOSE WHO RECEIVED PRETRIAL HELP OF SOME SORT. THERE DID NOT SEEM TO BE A LOWER SUCCESS RATE FOR LOW INCOME OR LESS EDUCATED PERSONS. THUS, IT APPEARS THAT THE CRUCIAL FACTOR IS HELP IN PREPARATION OF THE CASE BEFOREHAND, EITHER BY OBTAINING ADVICE FROM AN ATTORNEY, A PARALEGAL OR THE COURT CLERK. ADVICE FROM AN INFORMED SOURCE TENDS TO IMPROVE THE QUALITY OF THE TRIAL. IT HELPS AVOID SUITS BEING DISMISSED AFTER THE TRIAL HAS BEGUN BECAUSE OF LACK OF CAUSE OF ACTION FOR THE CLAIM. THE NECESSITY OF ATTORNEYS APPEARING IN COURT WILL BE ELIMINATED WITHOUT UNFAIRLY JEOPARDIZING THE CHANGES OF THE LITIGATIONS. TABLES AND FOOTNOTES ARE INCLUDED.