A lawyer who self-represents 'has a fool for a client'?

14 Feb 25


r/AskALawyer 29jul24 post by reddituser elbodelbo

Okay, it makes sense not to represent yourself if you aren't a lawyer. I'm not a lawyer so I'd do a shitty job representing myself since I don't know the law that well.

But if you are a lawyer, and you're on trial, why would representing yourself be a bad idea?

comment Jolly_Horror2778

Experienced teachers are the worst students.

Doctors tend to be the worst patients.

Lawyers make the worst defendants.

Stereotypes, I know, but there's a complicated psychology on knowing enough to get in trouble and not letting anyone help you out of it.

comment LunaD0g273

The system is set up so that there are two different roles, lawyer and client. This allows the lawyer to zealously advocate for the client without sacrificing credibility because everyone understands that they are doing their job. Combining the roles means that attacks on the party's credibility also harm the credibility of the lawyer, and regular "lawyerly" behavior of the lawyer comes off as pedantic when raised by a client.

A judge may be less likely to rely on a lawyer's briefing if that lawyer is shown to have made a number of inconsistent statements in deposition. Likewise, a lawyer instructing a client not to answer a question looks more professional and proper than a hybrid lawyer-client refusing to answer a question. When there are two different people you can maintain the illusion that the client would be thrilled to provide a very helpful answer but the silly lawyer is worried about legalese.

Finally, I am less convinced of the saying when it comes to run-of-the-mill transactional matters where a lawyer has expertise. For example, an experienced trusts and estates attorney is likely capable of drafting his own will. A tax attorney may be able to file her own taxes without much trouble.

comment Practical-Owl-9358

Hubris - it’s a combination of having just enough legal knowledge coupled with the idea that a) no lawyer is an expert in every area of law and b) it’s to your benefit to have someone who can look at the facts without the emotional attachment to the outcome.