Anybody can sue. One of the benefits of our legal system is that it is possible to file a lawsuit over minor matters without the services of an attorney. It is also possible, in some circumstances, to get legal assistance from an attorney without incurring legal fees. The Division for Public Education for the American Bar Association offers general suggestions about these benefits.

Question 1: A local store has had my deposit on an item I ordered more than two months ago and they still "can’t" give me a delivery date, nor are they willing to refund my money. I’m thinking about pursuing a lawsuit. Would this situation be handled in Small Claims Court?

Answer: State small claims courts handle disputes under a certain dollar amount, usually no more than $1,500 to $5,000. (Check with the Small Claims Court where you live for the cutoff.) Many people choose to take their complaints to small claims courts because they are able to represent themselves and avoid lawyers’ fees. But before you head to the court clerk’s office to file a lawsuit, think carefully about what it will involve.

While justice is what you’re after, it may come at an expense — financial, emotional and otherwise. Lawsuits can be expensive, time-consuming and draining. You should first exhaust all opportunities for resolving the conflict out of court.

Talk with the highest-level employee of the organization. Try to negotiate resolution. Follow-up with this person by documenting your conversation and indicating any promises and your expectations in a letter, sent certified or registered with the Post Office.

If your demands are reasonable and still they are met with resistance, a neutral third person may be in order. A mediator generally helps each party evaluate goals and options in order to find a solution that works for everyone. The court or a community
mediation service can help you with this process.

If, however, a lawsuit becomes inevitable, you’ll have to get prepared for your day in Small Claims Court, by taking several steps including:

• Finding out if your opponent is solvent and has assets you can go after if he or she doesn’t pay up. (Even if you win in Small Claims Court, you may not be able to collect what you’re owed.)
• Obtaining a complaint form from the clerk of your local Small Claims Court.
• Filing your complaint with the clerk. (Filing fees can range from $5 to $40.)
• Gathering all pertinent information such as canceled checks, contracts and correspondence.

Self-representation is the "norm" here, since generally a lawyer’s fees will exceed the amount of small claims suits. However, you can seek pre-trial guidance from a lawyer. If your complaint is transferred to the trial court at the request of the party you are suing, you probably should consider hiring a lawyer. Procedures are more complicated in trial court, and you may be at a disadvantage without a lawyer.

Question 2: I need to see a lawyer, but I’m afraid I won’t be able to afford it. Someone told me I could get a lawyer that will charge me only if I win my case. Is this true?

Answer: Some lawyers will accept your case on a contingency basis, which means he or she will get a predetermined percentage of the money you are awarded. If you do not win your case, the lawyer is not compensated. Other lawyers charge by the hour and, depending on where you live, these fees can run more than $200 an hour. Still others will agree to a flat fee. Even if you hire a lawyer on a contingency basis, be aware that you generally will be responsible for court costs, such as filing fees.

To find a lawyer that's best for you, shop around. Ask friends and relatives for referrals, or contact the local bar association. If you need a lawyer, but can’t afford one, you might be able to get legal help from your local Legal Aid Society, a group that, within its limited resources, provides free legal assistance in noncriminal matters (check the white pages of your telephone directory). Whatever fee agreement you make with your lawyer, be sure to get it in writing.