Can you act as your own lawyer? The quick answer is yes, you can always represent yourself. That’s the law.
The bigger (or better) question is, should I act as my own lawyer? Being a lawyer myself, I can only give a true lawyer’s answer: it depends.
Would I represent myself if I got sued? Again, it depends. If it were a straightforward issue, say I contracted with someone to build a deck and gave the contractor a down payment to get started, but he never showed up, I would represent myself. On the other hand, let’s say I came up with a facebook application. Except someone else claims she already came up with the idea and has her lawyer send me a cease and desist letter. In that case, being unfamiliar with intellectual property issues, I would probably call a lawyer.
There is a well-worn adage: a lawyer who represents himself has a fool for a client and even the United States Supreme Court has rung in on the issue:
Even a skilled lawyer who represents himself is at a disadvantage in contested litigation. …He is deprived of the judgment of an independent third party, in framing the theory of the case, evaluating alternative methods of presenting the evidence, cross-examining hostile witnesses, formulating closing arguments, and in making sure that reason, rather than emotion, dictates the proper tactical response to unforeseen developments in the courtroom.
They point out what I think is one of the biggest advantages of at least talking to a lawyer: objectivity. One of the skills that lawyers bring to the table, for better or worse, is the ability to see both sides of an issue. Before you go off and sue someone, one of things to consider is what defenses the other side might have and whether or not they’ll take the wind out of your case.
So, before you decide to represent yourself, see if you can get a consultation with a lawyer first. This will either be free of charge or low cost, and will completely be worth your time.
Peter Mullison is a bankruptcy attorney at Colorado Bankruptcy Law Group, LLC. If you are considering Chapter 7 or Chapter 13 personal bankruptcy, schedule your free, confidential bankruptcy consultation with a Colorado bankruptcy attorney today. Our online scheduling system allows you to schedule a bankruptcy consultation at a time that is convenient for you.
Colorado Bankruptcy Law Group, LLC is a personal bankruptcy firm serving clients in the greater Denver area.
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23. August 2010 at 7:22 am
While we’re dabbling in the area of
Can I Act As My Own Lawyer? | Colorado Bankruptcy Law Group, LLC – Chapter 7 Personal Bankruptcy and Chapter 13 Personal Bankruptcy Attorney, if you are on a budget, it is also a decent idea to check the prices between different lawyers. They will vary, and sometimes they vary by quite a large amount of money as well.