Going pro se, and Other Questionable Decisions

There is an expression in the legal profession that you have no doubt heard. It goes something like, “The individual who represents himself/herself in court, has a fool for a client.” It's been used almost as if it's a punchline in television shows, and in movies, and perhaps you've even heard it thrown around in casual conversation. It's such a well used phrase that virtually everyone is familiar with some variation on it.

Yet, people still have a tendency to want to act as their own attorney, even in matters that may have far reaching effects on their personal and professional lives.

The legal term for acting as your own attorney is, pro se. An act that will turn the self-represented into the, pro per.

The law is filled with odd phrases, terms, words, and concepts that the average man or woman on the street has little understanding of. That's true of most professions, of course. Few of us could speak intelligently to an orthodontist in their own language, or an air-traffic controller, or an electrician. Most professional positions develop their own jargon over time. A sort of, shorthand list of words and terms that allows those who are adept at the job to speak quickly, specifically, and effectively to each other.

Those of us who are not engaged in those professions often find ourselves standing close enough to overhear the words, but without the tools and background to understand the conversation. Hence the warning about going pro se, becoming a pro per, and possibly being on the losing side of the decision that comes down from the bench.

Of course not all legal work involves a jury trial, a rousing summation of the facts by an orator of profound talent, and a tense announcement of the verdict which will decide the future of someone's life. But then it would be a dull movie that focuses on a young couple huddled around their kitchen table trying to decipher a purchase contract, or the long-term ramifications of a durable power of attorney.

There are a wide selection of self-help sites on the Internet designed to help individuals act as their own attorney. You can buy books on the topic, read web pages, and even find videos that are designed to walk you through the process of acting as your own attorney to save money and simplify your life.

Of course you can find a wide range of resources that will assure you that you don't have to pay your federal income tax, too. That doesn't tend to work out too well either. But we're all free to make that choice, roll the dice, and see how it all works out for us in the long run. A surprising number of people do just that.

It's worth knowing that the vast majority of tax preparers, pay income tax themselves. This at least suggests that they know something about the penalty for non-payment that the rest of us should take notice of. It's also true that most attorneys who find themselves in need of legal representation, hire a lawyer rather than attempting to represent themselves.

There seems to be a lesson in there somewhere. A pretty good one, too – if I'm not mistaken.