Should I represent myself? The pitfalls of going it alone
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Imagine getting sued or facing criminal charges. Once the shock wears off, you might wonder whether to hire an attorney or represent yourself.
Answering this question 150 years ago, President Abraham Lincoln said, “The man who represents himself has a fool for a client.”
In today’s world of online legal resources, does Lincoln’s warning still hold? The answer is yes, and here’s why.
Lack of legal knowledge and experience
The primary drawback of self-representation, or “pro se” representation, is the lack of legal knowledge and experience. Even with online access to court rules, statutes, and case law, understanding and applying the law is complex.
Lawyers undergo years of education and practical training to handle cases effectively. Lawsuits involve intricate procedures, from filing motions to seeking evidence. Before you can even make an oral argument at trial, you must strictly adhere to these court rules of procedure.
If you fail to adhere to these rules, you risk jeopardizing your case. Idaho case law emphasizes that pro se litigants are held to the same standards as those represented by attorneys.
Emotional toll and lack of objectivity
Beyond the rigors of adhering to strict court procedures, representing yourself pro se comes with a high emotional cost. You are defending yourself and your actions against allegations from another.
Allegations that, if proven true, could result in you paying money for damages or even serving jail time in criminal matters. All of this is stressful and very taxing.
On top of high stress, you lose the benefits of approaching your case from an unbiased and objective third-party perspective. As with any conflict, your emotions can cloud your judgment, preventing you from considering other avenues of defense.
Conversely, a lawyer can provide an objective and professional perspective on your case, while sorting through what information is relevant for your defense.
Finally, dealing with opposing counsel is perilous. Opposing counsel may seek to intimidate you or get you to say things detrimental to your case. Under normal circumstances, opposing counsel can only depose you and get your statements by following and adhering to the court rules.
And even then, if you are represented, your attorney will be present at the deposition to object to any irrelevant or improper questions. But all those protections are lost when you go pro se and communicate directly with opposing counsel.
Lack of resources, time and assistance
Another major pitfall is the lack of resources, time, and support. While the internet offers valuable information, it lacks specialized tools needed for effective litigation.
For example, you might find relevant cases but lack the expertise to determine their current validity. Attorneys use specialized research software to ensure they cite good law. Moreover, the time required for drafting pleadings, responding to discovery requests, and attending hearings can be overwhelming, especially if you’re managing a regular job.
Attorneys and their support staff handle these tasks efficiently, unlike a pro se litigant who essentially takes on a second full-time job.
So, should you represent yourself?
Despite the possibility of saving on legal fees, the challenges of self-representation outweigh the benefits.
The issues of legal complexity, emotional stress, and resource constraints make hiring an attorney a better choice. As an attorney myself, I recognize that even with legal training, I would not represent myself in a lawsuit.
The advantages of professional legal representation far surpass the potential cost savings of going pro se. Therefore, President Lincoln’s advice remains as relevant today as it was in the 1860s: “The man who represents himself has a fool for a client.”
W. Forrest Fischer is an attorney with Moulton Law Office in Driggs. He can be reached at (208) 354-2345 or by email at office@tetonvalleylaw.com.
This column provides general information and is not to be considered legal advice. Readers with specific legal questions should consult an attorney. The Idaho State Bar Association provides a lawyer referral service, through their website at https://isb.idaho.gov/.