Everyone has likely seen a movie or show where a character decides to represent themselves in court. While that may make for a flashy show or an interesting plot line, it is not a good practice in real life.
It is technically not necessary for an attorney to represent you in court. People are able to representing themselves instead, which is called acting pro se. However, it is essential to understand that the odds are against you if you choose to proceed with representing yourself pro se.
Without proper legal representation, a person’s chances of getting a favorable result can significantly decrease. This is why it’s crucial to hire professional representation.
A Lack of Legal Knowledge
Getting the proper legal representation is not as easy as it seems. The procedures and laws in a court can be complex, and even those that seem simple can be daunting. Having the proper lawyer can help you get the best possible result. Even if you have a limited budget, hiring an attorney is essential as the outcome of an unfavorable court ruling could cost you far more than the cost of a lawyer and/or have significant costs for trying to fix or repair the damage done when you represent yourself.
Incriminating Statements
Individuals who choose to represent themselves often lack the necessary knowledge and experience to make compelling and appropriate legal arguments. They may also make misleading statements in an attempt to help their case that actually have the result of hurting their case.
Emotional Lack of Judgement
Those who opt to represent themselves often become defensive when under intense pressure. They may also start making emotional arguments that hurt their case again, because they are untrained to understand the legal ramifications of making certain admissions. This can render them ineffective as they may end up irritating the judge or admitting to things that a lawyer would help them rephrase or re-frame. Throwing yourself at the mercy of the court is not a good strategy, for example, and it can negatively affect your case, but some people have the belief that they can simply go into court and “explain” the issues and get things cleared up.
No Outside Help
The court clerks are responsible for maintaining the records of the court. However, they are not allowed to provide legal advice. This means that you should hire an attorney if you are facing a a legal issue. Most judges will explain your rights and encourage you to retain an attorney, but again cannot help you through the legal process even if there are rights that you are failing to enforce or request.
If you have a legal matter that requires you to appear in court, it is crucial that you seek legal representation to at least consult and give you advice. If after consulting with an attorney, you understand the process and are prepared to proceed, then at least you will do so knowing and understanding your rights. However, often the issues addressed in court are too important to be ineffective and inexperienced in representing yourself.