Do I Need a Solicitor for the Small Claims Court?

You do not need a solicitor for the small claims court. The procedure is designed to be accessible to parties without legal training, and many people represent themselves successfully.

But “designed to be accessible” and “easiest to win without a solicitor” are different things. The question is not whether you can represent yourself – it is whether doing so gives you the best chance of the right outcome. In a meaningful number of cases, it does not.

This post sets out when a solicitor adds real value in a small claims hearing, when self-representation is likely to work well, and what to consider if you are weighing up the cost.

What Happens in a Small Claims Hearing?

A small claims hearing is a relatively short, informal hearing before a district judge (in the county court) or a deputy district judge. The procedure is simpler than other court tracks: there is limited disclosure, evidence is usually dealt with by witness statements, and the hearing itself is often completed in under an hour.

The informality is genuine – the judge will not expect you to use legal terminology, and they will take an active role in managing the hearing rather than leaving parties to direct it themselves. In straightforward cases, this can work well for an unrepresented claimant who knows their facts and presents them clearly.

The challenge is that “informal” does not mean “easy”. You still need to:

• Organise and present your evidence in a way the judge can follow
• Articulate the legal basis of your claim – why the law entitles you to what you are asking for
• Respond to the other side’s arguments, including unexpected ones
• Answer questions from the judge under pressure
• Know what you are entitled to claim and how to calculate it

These are skills that experienced litigators develop over many cases. The judge will try to help a litigant in person, but they are not your advocate – they cannot do your case preparation for you.

When a Solicitor Makes a Real Difference

The Other Side is Represented

If the defendant has a solicitor, the imbalance matters. A legally-trained advocate will know how to structure their client’s case, raise the right objections, and cross-examine your evidence. The judge will be aware of the imbalance and will try to level the playing field, but there is a limit to what they can do.

This situation arises more often than claimants expect. A defendant who receives a claim for £8,000 and considers it seriously disputed will often instruct a solicitor – because, like you, they want the best chance of winning. A fixed-fee solicitor for the claimant is a proportionate response.

The Legal Question is Not Straightforward

Some small claims look simple on the surface but raise genuinely difficult legal questions. In IP cases, for example:

• Does the copyright in the work in question actually subsist in the claimant?
• Does the defendant’s use fall within a permitted act?
• What is the correct measure of damages – a reasonable licence fee, additional damages, or both?
• Has the claimant adequately evidenced the ownership of the copyright they are asserting?

In contract disputes, the question may be about what terms were agreed, what performance was required, or whether a breach was repudiatory.

A solicitor who has handled similar cases knows these arguments. More importantly, they know which arguments the other side is likely to run and can prepare for them in advance.

Your Evidence Needs Organising and Arguing From

Having the right evidence is not enough – it needs to be presented in a way the judge can understand quickly and refer back to during the hearing. This means a properly prepared bundle, with documents in chronological order, tabs for key documents, and a logical structure.

It also means knowing which documents matter most and being able to explain what they show. A hearing where the judge has to search for documents or ask repeatedly what a piece of evidence is supposed to demonstrate is a hearing where you are losing time and credibility.

Your Case is in a Blitz Sitting

Blitz hearings are intensive listing sessions where multiple cases are heard in a single day. Time is short, the judge is working through a queue, and there is no opportunity to pause, regroup, or supplement your papers on the day. A well-prepared advocate who has handled blitz hearings before will manage the time and the judge’s questions more effectively than most litigants in person.

You Are the Defendant

Claimants choose to bring a case; defendants do not. If you have received a claim for a significant sum – say, £7,000 for alleged copyright infringement – you may not have thought carefully about the litigation process before the claim arrived. A solicitor can quickly assess whether the claim has merit, advise on the appropriate response, and, where the claim is overstated or poorly founded, challenge it effectively.

When Self-Representation Works Well

Self-representation is most likely to produce a good result where:

• The facts are simple and undisputed in their essentials (for example, the defendant received and used your photograph and paid nothing)
• The legal principle is not in doubt (clear infringement, clear breach)
• The other side is also unrepresented
• Your documentary evidence is clear and complete
• The value of the claim is modest enough that the cost of a solicitor, even on a fixed fee, does not make commercial sense

Many successful IPEC SCT copyright claims by photographers and freelancers fall into this category. The infringement is usually straightforward, a business used a photograph it found online, without paying, and a well-organised claimant with the right evidence can present that case effectively without legal help.

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The Costs Calculation

The small claims track has a deliberate costs rule: the losing party does not pay the winner’s solicitors’ costs (apart from a small fixed sum in specific circumstances, and court filing fees). This means:

• If you win, you recover your court fee but not your solicitors’ bill
• If you lose, you do not pay the other side’s solicitors’ bill

This is designed to encourage parties to litigate without worrying about an adverse costs order. But it also means the cost of a solicitor comes entirely out of your own pocket, regardless of outcome.

The question, therefore, is whether the value of the help a solicitor provides, in improving your prospects, managing the hearing, and handling the unexpected, justifies the cost. For a £2,000 claim, probably not. For a £9,000 claim in a contested case where the other side is represented, the calculation is different.

Freeman Harris offers fixed-fee small claims representation with clear pricing. We provide an initial assessment so you can make an informed decision before committing to anything.

What a Solicitor Does for You in a Small Claims Case

It is worth being specific about what legal help looks like in practice.

Before the hearing:

• Review the strength of your claim or defence and advise on the realistic prospects
• Help you prepare your witness statement – ensuring it covers the right ground, uses the right structure, and avoids common errors
• Organise your document bundle
• Prepare a short written summary of the case for the judge
• Advise on settlement – whether to accept an offer, make one, or hold firm

At the hearing:

• Present the opening – what happened, what is sought, why the law entitles you to it
• Take you through your evidence in a structured way
• Cross-examine the other party where necessary
• Respond to the other side’s arguments, including unexpected ones
• Answer the judge’s questions

These are not small contributions. In a hearing that might decide whether you recover £7,500 or nothing, the quality of preparation and advocacy matters.

What About McKenzie Friends?

A McKenzie Friend is someone who accompanies a litigant in person to court, a friend, family member, or occasionally a paid lay advisor, and provides quiet assistance without taking an active speaking role (unless the court grants permission for them to speak).

McKenzie Friends vary considerably in quality. A trusted friend or family member who has helped you prepare can be a genuine support on the day. Paid McKenzie Friends, particularly those offering legal advice, are unregulated, and there have been well-publicised problems with incompetent or dishonest lay advisors in this space.

If you want advocacy, someone to actually present your case to the judge, you need a solicitor (or barrister). A McKenzie Friend who speaks without court permission can result in the court asking them to leave.

Getting Advice

If you have a small claims matter, in the county court or the IPEC Small Claims Track, and you want to understand whether legal help makes sense, contact us. We offer a fixed-fee initial assessment that will tell you what you are dealing with, what the risks are, and what representation would cost.

View our small claims service →

Further Reading

• What is the IPEC Small Claims Track? →
• What are Blitz Courts? →
• Copyright Protection at Freeman Harris →
• Trade Mark Infringement →