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Article 78
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SHOULD I PROCEED WITHOUT A LAWYER?

This is an analysis of whether it’s a good idea or not to act as your own lawyer in civil and criminal cases.

1. I Can't Afford an Attorney. Should I Act as My Own?
I've heard this many, many times over the last 35 years of practice. Everyone thinks they can't afford an attorney because it’s too expensive. While it is expensive, sometimes your entire future relies upon the outcome of a case. This is especially so in a criminal case. Don't forget that in criminal matters, if you truly can't afford an attorney, one will be provided for you free of charge by the county. There's also the old adage, "One who represents themselves has a fool for a client" and means that when you're trying to defend yourself, you more than likely have a lot of "blind spots" in your defense because you can't be objective while you're the target of the prosecution. It’s always better to have an attorney represent you than try to go it alone.

2. In a Civil Case, its Only Money Involved, I Can Do it Myself
In Civil matters where money is normally at issue, it’s still better to have an attorney than not. They know how to handle procedural issues and argue a case better than most laymen. And if you lose a Civil case, you may lose far more than it would have cost you to hire an attorney who could have won the case for you and saved you lots of money. When you try to do it yourself, often the heat of battle will leave your mind baffled at the simplest things that you would otherwise know and understand if you could just be objective. When you're representing yourself, it’s harder to be objective and you can often get lost in the shuffle of the action. It’s always better to hire your own attorney.

3. Whatever You Say Can Be Used Against You When You're on Your Own
In criminal matters, when you represent yourself, anything you say can and will be used against you later in the proceedings. When you represent yourself, it makes things much more difficult for you than if you were actually an attorney. There's nothing to insulate you from what you say as there would be if you had an attorney representing you. Even if you mis-speak, that could be used against you. If you are cross-examining someone and you say something wrong (and I've heard this happen) it can later be used against you during cross-examination of you. Or it may keep you off the stand with no ability to correct it later. It’s simply always better to have an attorney represent you in any type of case. The cost will pay for itself in the long run.

 
 

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