Paralegal, lawyer, or on your own in Small Claims Court?
Who can represent you, what the 15% costs cap means, and how to pick the help you need.
By the Make Them Pay team · reviewed 2026-08-23 · updated 2026-09-14 · 2 min read
Legal information, not legal advice. Results depend on the facts of your case.
Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.
The answer
In Small Claims Court, a lawyer or a licensed paralegal can represent you for a fee. Many parties represent themselves. The court is built for that.
Who can appear for you
- A lawyer.
- A licensed paralegal.
- A law student or a student-at-law, under supervision.
- A friend or a neighbour: with no fee, and at most 3 matters in a year.
- A family member, with no fee.
- An employee, for the employer's case.
Check every paid representative in the LSO public directory.
The costs math changes the choice
Even when you win, costs for a representative cannot pass 15% of the amount claimed, except as a penalty. On a $10,000 claim, the cap is about $1,500. A $4,000 legal bill stays mostly yours. This is why many people buy only the help they need: a document check, or one call.
Contingency fees
A lawyer or a paralegal can take a case for a share of the recovery. A standard-form agreement is mandatory. Read the percentage and the examples in the agreement before you sign.
Software or legal services
- makethempay.ca packages are software. The free tools and the paid packages give legal information and documents. You make every decision.
- Mithril Law provides legal services: a lawyer review of your documents, a call, or full representation. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.
What to do
- Estimate your claim and your budget. Compare every quote with the 15% cap.
- Decide the parts you need help with: the documents, the conference, or the trial.
- Get quotes: a paralegal for the hearing, a lawyer for a review, full representation for a hard case.
- Confirm the licence in the LSO directory.
- Put the scope in writing. A limited scope retainer states what the representative does, and does not do.
Common mistakes
- Do not spend $5,000 in fees to chase $6,000. Do the math first.
- Do not pay an unlicensed person for representation. Check the directory.
- Do not assume the loser repays your full legal bill. The 15% cap applies.
- Do not sign a contingency agreement that is not the standard form.
When to get a lawyer
Get legal advice when the money is large, the law is not clear, or the other side has a lawyer. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.
Free tools
- Check if your claim is worth it: /check
- Write a demand letter: /demand-letter
- Fill in your court forms: /build/7a
- Calculate your deadlines: /calculators/deadlines
Primary sources
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