Why are so many Oregonians self-represented for their family law case?
In Oregon, at least one party is self-represented in 86.2% of family law cases–and in some counties, that number exceeds 90%. Oregon surpasses the already-high national average of 72%. Family law is one of the top two areas of law with the highest unmet need in Oregon.
Why are so many Oregonians tackling their family law issues alone?
Many Oregonians lack access to local representation
97% of low-income Oregonians live in legal deserts, where rural residents struggle to access legal services. According to the November 2022 Oregon State Bar Bulletin, there are only 70 local lawyers serving the 63,000 residents of Malheur, Harney, Grant, and Baker counties. Meanwhile, there are no local lawyers serving the 14,300 residents of Gilliam, Morrow, Sherman, and Wheeler counties. Overall, 85% of lawyers are located in the 5 most populous counties. This disparity creates barriers for many Oregonians.
Legal representation can be prohibitively expensive
Nationally, the average divorce costs between $15,000 and $20,000, and can exceed $100,000 when there are prolonged disputes over issues like custody. In Oregon, the average hourly rate for a family law attorney is $289, but it can go as high as $497. Most divorce lawyers require a retainer between $2,000 and $10,000 just to begin working on a case, and if the legal issues are not resolved within that retainer, additional payments are required.
Legal aid is not always available
Not everyone who is struggling financially will qualify for legal aid. While 45% of Oregonians are living paycheck to paycheck, only 15.4% meet the federal poverty level requirements to qualify for most legal aid. Even those who do qualify may not receive assistance. The need for legal-aid far outpaces the available resources, with 84% of people who need a lawyer unable to obtain one.
Some people do not want to work with an attorney
A minority of parties may be self-represented by choice. This decision can stem from a desire to retain control over the case or a belief that representation is not worth it. It can also relate to the dynamics with the other party–hoping to resolve matters amicably or fearing increased conflict if attorneys become involved. However, even when self-representation is an intentional choice, a party can still benefit from receiving support in navigating the legal process.
How does self-representation impact parties?
The greatest challenge unrepresented parties face in accessing the legal system is understanding court procedures and rules. Self-represented parties often feel overwhelmed, uncertain, and unprepared. This can lead to dissatisfaction with the outcome of their case.
How can unrepresented parties get support?
Luckily, there are resources in Oregon to help navigate the system.
- The Oregon State Bar has programs to help people find a lawyer, including reduced-rate resources.
- The Oregon Judicial System has a self-help center that includes form templates.
- Many counties have courthouse staff who can't offer legal advice but can help locate and review forms, including Multnomah and Clackamas counties.
Support through legal coaching at The Commons Law Center
Legal coaching, like the services offered at The Commons, can provide legal advice and guidance during flat-fee appointments for a much lower cost than full representation. At The Commons, a legal coach, who is a licensed Oregon attorney, provides advice, support, and education so that you have the tools you need to effectively represent yourself. This support can allow self-represented parties to understand their rights and feel confident, prepared, and informed.
If you are unrepresented and feeling overwhelmed, explore:
- The Commons Law Center: Family Law Coaching
- The Commons’ Legal Resource Guide
- The Oregon State Bar: Getting Legal Help
- Oregon Judicial System Self-Help Center
- Oregon Law Help: Family Law