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Do I need a lawyer to file or defend against an unlawful detainer lawsuit?

Almost everyone has the right to sue, or to defend him- or herself if sued, without hiring an attorney. However, before deciding to do that, please think about the following:

• The case will be heard in Superior Court where proceedings have strict rules of procedure, found in the California Code of Civil Procedure, Civil Code, Evidence Code, California Rules of Court, and the Local Rules of Court. They can get complicated.
• These rules require that all documents filed in court meet certain formalities. Also, the landlord cannot file a lawsuit unless he or she has given the tenant proper written notice to leave or to correct a breach of the rental agreement , and can show that the tenant received this notice and did not do what the landlord requested.
• Both the landlord and the tenant must be prepared to present evidence to prove his or her case at the hearing or trial. His or her testimony, that of all other witnesses, and all documents offered as evidence at a trial or other hearing must be legally admissible, and will be subject to objections by the opposing party if they fail to meet the legal standards found in the Evidence Code.
• The fact that someone is not an attorney does not free him or her from complying with these and all other legal requirements. And it is not proper or permissible for any clerk of the court to give legal advice or help prepare any pleadings for someone representing him- or herself. Nor can the judge assist a self-represented party in the handling of a case.
• People are not entitled to a court-appointed attorney in a civil lawsuit.
• If someone starts working on a case without an attorney, he or she may seek the help of an attorney at any point in the proceedings.
• If someone cannot hire a private attorney for financial reasons, he or she may be eligible for assistance from the legal aid office in the county. For information about free and low-cost legal help.
• Also, there are forms available at the court house to assist the landlord in filing an unlawful detainer complaint, and there are also forms available that the tenant can use to answer the complaint. To find out how to get the court forms or for a list of other resources to assist you, click here.

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Last modified: 03/17/2008

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