an attorney who represents himself has a fool for a client

by Sage Lockman 8 min read

There is the old adage in criminal trials that describes a person who represents himself at trial: "He has a fool for a client." Accordingly, attorneys maintain that they should handle all legal matters for their clients and that clients should not attempt to discharge legal matters on their own, no matter how simple.Feb 8, 2004

Full Answer

What do they say about a lawyer who represents himself?

“A lawyer who represents himself has a fool for a client.” - Feher Law.

What does this phrase mean a lawyer who represents himself has a fool for a client?

This is an English proverb, which means if the person has not studied law and is trying to defend himself is foolish. This proverb expresses its meaning literally and is easy to interpret. In other words, it means that a wise person, if blamed, should have others to defend him, such as lawyers.

What is it called when someone represents themself and does not use a lawyer?

The term "pro se" is Latin, meaning "for oneself" or "on behalf of oneself." It is a practice where individuals represent themselves in pending legal proceedings before administrative bodies or courts.

What is the saying about representing yourself?

As the old saying goes, “A lawyer who represents himself in court has a fool for a client.” We've all heard stories of high-profile criminal cases where the defendant decided to exercise his constitutional right to defend himself in court, almost always with bad results.

Why is it bad to represent yourself in court?

Persons representing themselves tend to get nervous and become defensive under pressure. Instead of attacking the evidence, you may resort to making emotional arguments and reduce your effectiveness. Throwing yourself on the mercy of the court is not a substitute for a legal defense or a good trial strategy.

What did Ben Franklin say about lawyers?

A countryman between two lawyers is like a fish between two cats. Necessity knows no law; I know some attorneys of the same.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Has anyone ever won a case representing themselves?

people who represented themselves in court Bundy, a former law student, represented himself while on trial for the murder of two college students and assaulting others in 1979. He grilled some of his surviving victims – sorority sisters of the two women murdered -- in the courtroom, but was ultimately convicted.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

Can an attorney represent himself?

KUALA LUMPUR: There is nothing in the Legal Profession (Practice And Etiquette) Rules 1978 that prevents a lawyer from acting for himself, the High Court ruled. Justice V.T.

What is it called when you are your own lawyer?

Pro se legal representation (/ˌproʊ ˈsiː/ or /ˌproʊ ˈseɪ/) comes from Latin pro se, meaning "for oneself" or "on behalf of themselves" which, in modern law, means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have ...

What do they say a man who defends himself?

A man who tries to defend himself, rather than hiring a trained lawyer, is a fool.

Can an attorney represent himself?

KUALA LUMPUR: There is nothing in the Legal Profession (Practice And Etiquette) Rules 1978 that prevents a lawyer from acting for himself, the High Court ruled. Justice V.T.

Who said a man who represents himself in court?

The Addams Family: "They say a man who represents himself has a fool for a client. Well, with God as my witness, I am that fool!" Fielding Mellish does this in Bananas. His self-cross-examination is actually one of the less absurd scenes in this movie — except for the fact he's his own hostile witness.

What do they say a man who defends himself?

A man who tries to defend himself, rather than hiring a trained lawyer, is a fool.

Has a fool for a patient?

I have read that whoever is his own lawyer has a fool for a client, and whoever is his own physician has a fool for a patient; but I insist that whoever is his own servant has a wise man for his master.”

Why is filing a lawsuit required?

In many cases, because of the issues and often the “twists", or even simply because the extent of the damages and the possible exposure of the insurance company, the filing of a lawsuit will be required! In fact, statistics show that if a case potentially involves a settlement in excess of $100,000.00; that litigation will more likely than not be required! Simply, because any case with that amount of exposure will cause ALL parties (including the insurance company) to exercise as much “due diligence" as possible to determine whether the claim has merit.

Why is due diligence important?

Simply, because any case with that amount of exposure will cause ALL parties (including the insurance company) to exercise as much “due diligence" as possible to determine whether the claim has merit. Plus, the best means of performing “due diligence" regarding any claim is through the process of litigation.

What is the best way to perform due diligence?

Plus, the best means of performing “due diligence" regarding any claim is through the process of litigation. Why? Because, the process of litigation allows for: (1) The “discovery" of all relevant documents; (2) The taking of “depositions" of parties and witnesses under penalty of perjury; (3) The filing of Court “Motions"; and MOST IMPORTANT, (4) The various legal “strategies" and legal “theories" that the opposing parties attorneys will use to best develop THEIR defense. ALL for the dual purposes of determining BOTH the “true value" of your case, as well as how to REDUCE the amount of exposure (i.e.: the amount of money) that the opposing side will need to pay you to end the litigation.

What is the smartest decision a person can make?

However, in the event that some further action is necessary, then the smartest decision a person can make is to allow an experienced trained professional to assist them in the resolution of the matter ; especially when the entire “weight" of the legal system is brought into play.

What are the factors that make up a professional?

All professionals, including but not limited to attorneys, physicians, accountants, dentists, but also “specialists" of all areas - all have one key factor in common: Years of education and Training! Training and education that if used in an “objective" and “meaningful" way, can and often does make the difference between winning and losing, and in extreme cases – “financial" demise, and loss of “freedom and liberty".

When a "personally vested" emotional state is combined with all the complexities and nuances that every?

Next, when a “personally vested" emotional state is combined with all the complexities and nuances that every single legal matter involves, the answer becomes obvious: “He [and even a lawyer] who represents himself [TRULY] has a fool of a client!

Do attorney fees come from a final settlement?

A. Because personal injury claims are generally handled on a “contingency basis"; the ONLY attorney fees charged will come from the FINAL settlement of the claim. Although, “costs" on occasion may be required (particularly if litigation is necessary); most experienced attorneys will ALSO ADVANCE those costs on your behalf at no interest as well.

Who said a man who represents himself has a fool for a client?

ABRAHAM LINCOLN SAID: A man who represents himself, has a fool for a client.

Who said "If you are your own lawyer you have a fool for a client"?

Abraham Lincoln reportedly employed the following adage. Here are two versions: If you are your own lawyer you have a fool for a client. He who represents himself has a fool for a client.

What does the proverb "a fool for his client" mean?

It is an old law adage, copied from the Italian proverb of Che s’insegna, &c. that the man who is his own lawyer has a fool for his client. If he undertakes, of choice, to become so in making his will, he seems to us to verify the proverb in the most obvious and striking instance. For the ill consequences of his ignorance fall upon those whom he loves best, and wishes to benefit most.

What is the emphasis in the quote "Before you act it's Prudence soberly to consider?

Before you act, it’s Prudence soberly to consider; for after Action you cannot recede without dishonour: Take the Advice of some Prudent Friend; for he who will be his own Counsellour, shall be sure to have a Fool for his Client.

Who said "No, that might be unwise, Sir"?

Benjamin Franklin (Fredd Wayne): No, that might be unwise, Sir. The man who defends himself in court has a fool for a lawyer and a jackass for a client.

Who was the character in the episode "Samantha for the Defense"?

fantasy-comedy television series “Bewitched” broadcast an episode titled “Samantha for the Defense” which included a character depicting Benjamin Franklin who had magically been transported from the past. 7 The Franklin character employed the adage, and another character credited the line to Abraham Lincoln: 8

Whoever stole it from me?

Whoever, he stole it from me. In 1976 the famous statesman, lawyer, and quotation magnet Abraham Lincoln received credit for the saying in a Spokane, Washington newspaper. Lincoln died in 1865, so this attribution is very late, and it is not substantive: 9.

What happens if a case relies on a witness's testimony?

If the case relies on this witness’s testimony, it might be reasonable to expect the investigation to be closed early on without action. On the other hand, if a referral to the bar from a sitting judge initiated the case, the likelihood of prosecution significantly increases.

What to do if the bar's allegations support disbarment?

If the bar’s allegations would support disbarment, by all means, find someone to assist you. This is truly the fight of your career if disbarment is a possible sanction; pull out the stops and go to bat with all that you have, including a hired lawyer, to save the career you worked hard to create.

What to do when you receive a letter from a lawyer?

Each lawyer who receives a letter has a choice: Respond on their own, get a lawyer friend to help, hire a lawyer to write the response for them, or hire a lawyer to offer counsel and support while responding on their own.

Is the state bar hard to negotiate?

Second, the state bar is going to be very difficult in negotiations because of your history. Third, the potential consequences are necessarily harsher because you have been through the system before. Cost. Finally, while money certainly plays a role, it should not be the No. 1 factor in determining your choice.

Does a judge have to be heard at the bar?

The judge is not only going to be heard at the state bar level , but the bar will likely also feel obligated to prosecute a case referred by the court. So, if the case is started by a judge, it is far more serious and likely to require the hiring of counsel. Emotional involvement.

Who said "The man who represents himself has a fool for a client"?

When you took your first bar review prep course you probably heard the adage, “The man who represents himself has a fool for a client.” The internet tries to attribute the quote, like many other profundities, to Abraham Lincoln, but some sources credit it years earlier to English clergyman Henry Kett. Regardless who said it or who said it first, the wisdom of the adage are at least two. First, an individual, even if he or she is a trained lawyer, may not have the expertise in the particular area of law at issue, even though many of us think we are smart enough to figure anything out. (We lawyers are sometimes too smart for our own good.) More precarious is that someone who represents him or herself is likely to lack the ability to see both sides of a case. As lawyers, we all know how difficult it is to convince a head strong client from doing something stupid.

What is more precarious, a lawyer or a lawyer?

More precarious is that someone who represents him or herself is likely to lack the ability to see both sides of a case. As lawyers, we all know how difficult it is to convince a head strong client from doing something stupid. Of course, many people can’t afford to hire a lawyer – but that’s a different thing.

Who is Mark Peterson?

Mark Peterson, the disgraced and convicted Contra Costa County District Attorney, found out the hard way. Just last month, Peterson pled no contest to a single count of felony perjury and resigned from office. Peterson didn’t represent himself in his own criminal case. But he did represent himself in what seven years earlier he probably considered ...

Was Peterson a novice politician?

But he did represent himself in what seven years earlier he probably considered a crumb of a matter: he acted as his own political campaign’s treasurer. Peterson was no novice politician. He had been a Concord City Councilman before he ran for district attorney in 2010.

What advice should an attorney give to a board of directors in an insolvent business?

Normally, in a situation involving the insolvency of a company, the legal adviser would advise the members of the board of directors that their duty has shifted from representing the interests of the stockholders to the creditors and that they risk personal liability if they ignore their responsibility to the creditors of the business. However, if the attorney is an equity holder in this business, he might not give strong advice to the board to consider liquidating the company to pay creditors because of a wish to preserve his investment in the enterprise.

What is a practicing attorney?

Practicing attorneys in a field, beyond the technical nuts and bolts of practicing law, develop expertise as to the customary and appropriate terms for a matter in a given instance, that is, what the particular market will allow.

What would largely escape the attorney practicing outside his area of specialty?

This knowledge beyond the four corners of the law would largely escape the attorney practicing outside his area of specialty.

What was the practice of law in the 20th century?

Early in the 20th century, trial lawyers were capable of handling all litigation matters, whether they be criminal or civil. Many of the members of the Bar were sole practitioners in small law practices who handled all legal matters, from wills to criminal proceedings.

What is the old adage in criminal trials that describes a person who represents himself at trial?

There is the old adage in criminal trials that describes a person who represents himself at trial: "He has a fool for a client."

Do transactional lawyers have to represent themselves?

Because of the specialized nature of most of their practices, transactional attorneys often do not have the experience necessary to represent themselves in matters outside their specialty areas.

Can an attorney advise a board of directors?

Furthermore, many private company matters involving an attorney's advice to the board of directors or the attorney's partners may involve mixed issues of law and fact that would give the liability insurance company a basis for excluding coverage of any claims that arose out of that relationship on the theory that the attorney provided business advice not legal counsel.

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