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Can I hire an attorney to represent me in small claims court?

Asked over 2 years ago - Houston, TX

Lawsuits

I own and operate a small private high school out of my home. Upon entering my school, the parents are asked to sign an agreement that states they are to give a 30-day written notice before the student is to depart, and that tuition is due for a 30-day period from that date. I am now having difficulty with a student's father who pulled her out of school with no notice at all, written or verbal. And now, not only is he refusing to pay tuition due, but is now demanding to be reimbursed for previous tuition. Can someone please advise?

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Attorney answers (3)

Kristan Lehtinen

Reputation Level 8

Answered over 2 years ago. Litigation Lawyer in Las Vegas, NV.

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An attorney is always available to be hired and help a client either defend or prosecute a valid claim whether that case is in small claims, state, or federal court. However, such engagement of an attorney in this matter would of course involve either a retainer or hourly payment agreements or both. From the information provided, it appears the amount in controversy may be too low to justify your payment of attorneys fees to obtain a judgment against this former student father. You may want to consider local mediation and arbitration services available in your area. A mediator may be able to work out a settlement regarding each of your claims at a much lower cost than that of hiring an attorney. Hope this helps. Good luck obtaining the return of your tutition owed.

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Jonathan Blake Randolph

Reputation Level 10

Answered over 2 years ago. General Practice Lawyer in Humble, TX.

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Of course you can hire an attorney in small claims court in Texas. However, you must weigh the cost of hiring an attorney vs. simply settling the case. Additionally, many attorneys will not take a small claims case on a contingency because the amount in controversy simply isn't large enough to make enough money for the time required on the case.

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Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Litigation Lawyer in Los Angeles, CA.

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While Small Claims courts doesn't allow lawyers to appear for clients, you can always hire a lawyer as a consultant. Whether your tuition agreement is enforceable or not, and your and your students' respective rigths and remedies, depends on what the agreement says. There are potentially a lot of issues here, such as how you represented the credentials of your private school and what reasons the student's father had for removing her from the school. It's unclear why, if tuition is due in advance, you're owed any money - did you allow this student to attend your school without her having paid the tuition in advance? As the other response suggested, you may want to try mediation or arbitration for the amount in dispute.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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