One of the most difficult things we do at the Self Help Legal Center is not telling people what they can do without an attorney - because the answer is anything -- but rather, what they should not do without an attorney - which is a lot. Filing an appeal is definitely one of those things that most, if not all, people should not do without an attorney.

The laws of this country allow any competent person to represent his or herself in court. You can represent yourself in Small Claims Court or you can represent yourself in a death penalty case. Just because you can do something, however, does not mean that you should do something. One of the ways to determine whether a certain legal task falls into the should not do category is to look at what could possibly go wrong if you tried this on your own.

Filing an appeal is more complex than filing your original case. There are more procedures and unlike Small Claims Court, there is no leeway given for people who are representing themselves pro-se (without an attorney). For example, if you fail to mention something in your appeal that could help you win your case, you usually lose your right to bring it to the court's attention at a later date. Similarly, most people think that an appeal is an opportunity to try your case over again before a "higher" court. This is not the case. Appeals have to do with whether the trial court (the court that heard your case the first time) correctly applied the law to the facts of the case. The facts (as determined by the trial court) are assumed to be true. You cannot introduce new facts that did not come up at trial nor can you challenge the weight that a judge or a jury gave to a particular piece of evidence. For example, if a jury or a judge simply did not believe a particular witness, an appellate court is unlikely to change this opinion. So what do you talk about at the appellate level if you don't talk about the facts? You talk about the law. Consequently, if you do not know and understand the law, it is unlikely that you could argue successfully at the appellate level.

This does not mean, however, that there is nothing that you can do if you lose in Small Claims. First, if you believe that the judge or jury may have made an error in how they applied the law to the facts of your case, you can file a motion either for a new trial or simply for a new decision in your favor. Similarly, if you lost simply because you missed your hearing date (and were held in default) you can file a motion asking that the judge reschedule your hearing and give you a chance to make your case. In the next week or two, these forms will be available on the Self Help Legal Center web site. Look under the Court logo. You only have 30 days after the date of the court's last judgment to file these types of motions. If you fail to file your motion within this time period, you may lose your right to file. Keep in mind, however, that just because you can file these motions does not mean that they will be granted. If this is the case, your only option may be to find an attorney to take your case and file an appeal.

Do you have a legal question? Write us at Self Help Legal Center, SIU School of Law, Mailcode 6804, Carbondale, Illinois or e-mail us at selfhelp@siu.edu. Not all questions will be answered and may be edited for space or content.

Legalities is written by the Self Help Legal Center, a public service of the SIU School of Law. The Self Help Legal Center cannot provide legal representation. It can, however, help you find the answer to your legal problem. This column is for general legal information purposes only and the advice given in this column may not apply to your situation. For specific legal advice about your situation, you should consult an attorney licensed to practice in Illinois. This column is not meant to give legal advice and does not create an attorney-client relationship.