A man (or woman) who is his (her) own lawyer has a fool for his client.
This is tough stuff. You would be foolish if you try to represent yourself .
A lawyer may have the arrogant view that she or he knows the law and is an excellent advocate. Right or wrong in that analysis, as an involved party, the lawyer is unlikely to be as objective about the case as an independent counsel. That involvement, almost always emotionally charged, may distort the handling of the case, usually to the lawyer's detriment. Judges will often insist on shadow counsel even when the pro se defendant is a lawyer.
Because of this, many judges, especially in criminal cases, will require that the person representing himself or herself have a shadow counsel available to assist. The shadow counsel does not lead in the arguments or examinations, but is on call as will try to guide the pro se defendant or party informally.
However, it is also possible for a person to represent themselves, i.e. to be their own lawyer (and therefore, their own client). The adage a man who is his own lawyer has a fool for his client means that representing yourself in court is foolish.
There is the old adage in civil or criminal trials that describes a person who represents himself at trial: “He has a fool for a client.”
This knowledge beyond the four corners of the law would largely escape the attorney practicing outside his area of specialty.
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. For example, a securities attorney should probably not handle the legal documentation involved in the sale of his home.
Issues involving conflicts of interest can become especially acute when an attorney represents a business entity in which he is also an investor. Attorneys are routinely participants in investment partnerships, private businesses, banks, hospital districts and any number of commercial and not-for-profit businesses.
Judges typically keep the pro se defendant on a short leash during opening and closing arguments to prevent him from making factual statements without swearing to tell the truth first.
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.
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.
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.
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.
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 ...
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.
There is the old adage in criminal trials that describes a person who represents himself at trial: "He has a fool for a client."
This knowledge beyond the four corners of the law would largely escape the attorney practicing outside his area of specialty.
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.
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.
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.
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.
An attorney practicing outside his field would likely lack the contacts necessary to facilitate the swift, satisfactory completion of the matter. For instance, most commercial transactions involve the participation of third parties. Thus, an attorney trying to capitalize on a business idea that he may have identified should seek to engage attorneys that are familiar with the venture capital market place.
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.
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.
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".
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!
President Lincoln was also an attorney, and yet – he felt compelled to make that statement? Why? Speaking from the perspective of an attorney that has been practicing law for over 20 years, the answer to me is actually as much “psychological" as it is “practical". In fact, as much of my practice consists of representing attorneys and other professionals in criminal matters, civil litigation, bankruptcy proceedings, and sales of structured settlements, and annuities, I have had the “unique" opportunity to see first-hand – just how true that statement actually is!
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.
Mueller … sought to have the verdict set aside or reversed, the charges dismissed with prejudice so they could not be brought back, the conviction vacated …
The jury convicted Mueller on three counts of felony wiretapping…
Pro se litigants place an unfair burden on the system
Ademo Freeman is, I believe, one of the founders of Copblock.
Directing your own defense is one thing; managing it is entirely another…
Add to that the point that advocacy is a skill. Some people think that it isn't. They generally are very poor advocates.