[This is a transcript is a result of automated audio transcription from the video posted below. For help from The Small Claims Lawyer, visit www.TheSmallClaimsLawyer.com or call 888-632-6623. Grammatical errors may be present in the transcript below. This transcript is for informational purposes only and may not be relied on as legal advice.]
Hey everyone this is attorney Brian Russ from Brian Russ Law, Inc. also known, known as The Small Claims lawyer, I’m a California lawyer helping clients with California Small Claims cases, one of the few attorneys in California that really holds myself out is helping with small claims cases and I think of myself as knowing quite a bit about the small claims procedures, a lot of people you’re trying to tell you, small claims as simple, you don’t need a lawyer, but, you know, it’s easy to get tripped up in small claims, because there are certain rules certain procedures you still have to follow, it’s not as easy as just showing up, there’s decorum, there’s process. There’s everything, you know like a normal case, except those is somewhat simplified.
So the purpose of this video is to kind of explain what you know, how a lawyer can help you with your small claims case, you know, even though online you might see stuff says, you know, do it yourself you know you can still win. Well, technically, that’s true, but I don’t think it’s as effective as having a lawyer help you and give you, you know that legal advice to help you.
So before I go, I do want to put out a few disclaimers. The first disclaimer is that this video is not legal advice. This is an informational video only is not created for any specific situation or any specific person, it is not legal advice. The second, disclaimer’s that you should retain an attorney to help you with your situation and an attorney is licensed to give legal advice, and if you need help if you want to figure out the best way to, you know, present your case in small claims or even consider whether you should take it to higher general court, you should do so you should retain an attorney to get legal advice and help you with your situation the next disclaimer is that, you know by your viewing of this video no attorney-client relationship forms as I said before, this video is not created for any specific person or any specific situation. It is general informational video only, and it does not create an attorney client relationship between you and I. Finally that this video is an advertisement, it should be considered an advertisement, you can see my web address up there on top, visit me at that small claims lawyer, calm, you can see my phone number you can give us a call we’ll see if we can help you out.
So, this video should be considered an advertisement.
Now getting to the bulk of the video, kind of the key points on it. The Small Claims lawyer key points. The first thing is that a lawyer can give you small claims legal advice, most the time you can go to these legal clinics or you can go to the Help Desk at the court, and the first thing out of their mouth is they’re gonna say, I can’t give you legal advice they’re gonna say, get a lawyer. If you need legal advice, you know, and I’m telling you, you know, I’m here to give you legal advice. This is why I went to law school to give people legal advice to help them with their cases. And one of the points I try to make with people on small claims is that obviously I can’t guarantee any result I can’t say you will win, or you know, this case will be a loser.
And so when you know my key is just tell people, my goal is I can help you. You’re my goal each time is to help you maximize your chances of recovery or maximize your chances of defending yourself and I can give you the legal advice that helps put you in a better position or hopefully will help put you in a better position will put you in the position I think is a good position for you and your case. Now, the next you know key point with a small claims lawyer. I said a lawyer can assist you with your case. A lot of times people will say, Well Small Claims lawyers aren’t allowed. Lawyers can’t help you lawyers can’t blah blah blah blah blah I’m telling you, a lawyer can assist us your case have helped probably hundreds of clients at this point, with their small claims cases preparing the filings doing demand letters, you’re getting service a process, you’re figuring out the best way to present the evidence printing Small Claims trial briefs in preparing for appeals and so on. so a lawyer can assist you with your case I don’t know why people think they can’t but lawyers can assist you with your small claims case. The next point is up, I kind of said this before is that a lawyer can help you prepare your documentation. You know a lot of times people need help preparing you know the plaintiff’s order and claim to go to small claims court, the standard SC I think 100 or 104 form the Judicial Council form, you know so lawyer can help you through documentation allow you can help you with your service process form can help you get them filed with the court can help you get them in the courts.
You know, records, so to speak. Now, the really the only thing that a lawyer cannot do is appear on your behalf at the initial trial. So you know you made your demand you submit it, you know, the demand has made the paperwork has been submitted the court the other party has been served and all that. Well, at the time of trial at the first trial the initial trial lawyer cannot appear for you. Now the only exception is if the, you know, you as a plaintiff or a defendant are liar yourself but you can’t hire a lawyer to go to small claims court for you. So, you know, that’s pretty much the only thing you can’t do one of the key services I provide is giving you coaching before that initial trial to help you understand what to expect, how to present yourself and how to your handle yourself in court one things I always tell my clients is that judges are people too and judges don’t like belligerent people judges don’t like I just say generally judges don’t like Blizzard people I can’t you know making absolute statements. Now the other exception is that a lawyer can appear on your behalf a trial if it’s an appeal trial, I’ll cover that another video but for now I just want you to know that you know, California Small Claims lawyers can help you. I want to help you, you know, if you’re having a small claims case and you need some help, visit me at TheSmallClaimsLawyer.com or give me a call at 888-632-6623, and we’ll see if we can help you. Alright that’s it for today. Have a great one, everybody.