Primer on Article 78's

Primer on Article78's

Do You Need a Lawyer?

Do you need a lawyer? The easy answer is yes. An Article 78 usually involves extremely complicated questions, and a lawyer can be of invaluable service. However, I have met individuals who have handled Article 78's with no legal experience. I met an elderly woman from the Bronx who filed an Article 78 against DHCR on a complicated rent issue, and eventually won. She had a high school education.

There is no question that there are advantages to having a competent lawyer. In fact, you should at least consult with a lawyer before proceeding with an Article 78.

Can you do your Article 78 without an attorney? This question involves a lot of considerations, some major ones being the complexity of the case and your own ability to articulate yourself on paper. But the bottom line is usually cost. If you can't afford to pay upwards of $150.00 per hour, you are faced with the issue of filing an Article 78 on your own or not filing it at all. In that case, you should consider filing on your own.

Steven De Castro, Esq., represents clients in Article 78 proceedings before New York State Supreme Court. To find out how the statements made on this site may be applicable to your situation, request a case evaluation by clicking on the Case Evaluation page.

Date: July 24, 2001 Steven De Castro © 2001, All Rights Reserved. The representations made are accurate to the best of the author's knowledge on the day of publication, but readers should note that laws and regulations constantly change and are subject to different interpretations. For legal advice applicable to your situation, see an attorney. The statements on this page expire one year after publication.

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Article78.com is produced by the Law Office of Steven De Castro, which represents clients in Article 78's and other litigation matters in the New York courts. The Law Office's website can be found at http://manhattanfirm.com. None of the information provided here is legal advice. Please consult an attorney if you have a legal problem.