The adage a man who is his own lawyer has a fool for his client means that representing yourself in court is foolish. It comes from a perception that it is difficult for a person who does not have detailed knowledge of the law to present the evidence, arguments, and legal opinion that would convince a judge or jury to decide in his favour. Share
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- Feher Law “A lawyer who represents himself has a fool for a client.” “A lawyer who represents himself has a fool for a client.” I heard that quote early in law school. It is a quote I still believe in strongly today.
The man who defends himself in court has a fool for a lawyer and a jackass for a client. Aunt Clara (Marion Lorne): Abraham Lincoln said that. Benjamin Franklin (Fredd Wayne): Abraham who?
In 1976 the famous statesman, lawyer, and quotation magnet Abraham Lincoln received credit for the saying in a Spokane, Washington newspaper. Lincoln died in 1865, so this attribution is very late, and it is not substantive: 9 ABRAHAM LINCOLN SAID: A man who represents himself, has a fool for a client.
As with so much in the world of lawyering, there are arguments for and against attorneys representing themselves, but little data. Edwards knows his case better than anyone, so he might be particularly good at constructing his defense and responding quickly to allegations made in the courtroom.
This is an English proverb, which means if the person has not studied law and is trying to defend himself is foolish. This proverb expresses its meaning literally and is easy to interpret. In other words, it means that a wise person, if blamed, should have others to defend him, such as lawyers.
Benjamin Franklin Quotes A countryman between two lawyers is like a fish between two cats.
The Addams Family: "They say a man who represents himself has a fool for a client. Well, with God as my witness, I am that fool!" Fielding Mellish does this in Bananas.
“A lawyer who represents himself has a fool for a client.” - Feher Law.
Benjamin Franklin's Famous Quotes“Love your Enemies, for they tell you your Faults.” ... “He that falls in love with himself will have no rivals.” ... “There never was a good war or a bad peace.” ... “He that lies down with Dogs, shall rise up with fleas.” ... “Better slip with foot than tongue.”More items...
He has sharp words for the dishonest and unscrupulous members of the bar, calling them "fiends" and "knaves." He warns prospective lawyers, "if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer."
Individuals representing themselves are bound to get nervous and as a result, they may become defensive when under extreme pressure. There's a possibility that you may start making emotional arguments instead of attacking the evidence, which will reduce your effectiveness when it comes to defending yourself.
There are some types of court cases involving a criminal offence in which people must be represented by a lawyer. When someone decides to represent themselves in court proceedings, rather than use a lawyer, they are known as 'litigant in person' (LiP for short).
It is inadvisable to ever consider representing yourself in a criminal trial, but for smaller civil trials, self-representation can be effective and cheap. If you plan on going to small claims court, self-representation is very common, and this is the easiest type of trial to go through alone.
Self-represented defendants are not bound by lawyers' ethical codes. This means that a defendant who represents himself can delay proceedings and sometimes wreak havoc on an already overloaded system by repeatedly filing motions. However, this approach is not recommended because it often backfires.
There's an old saying that a person who represents himself in court has a fool for a client. The Supreme Court has even gotten into the act, quoting a law professor's statement that “a pro se defense is usually a bad defense.”
In criminal cases heard in NSW, the law is that an accused person can be represented either by themselves, by their lawyer, or by anyone else who the court permits to represent them.
people who represented themselves in court James Traficant, then a Democratic congressman from Ohio, represented himself in a 2002 trial for crimes including bribery and racketeering. He was convicted and later expelled from the House of Representatives. He represented himself in a similar case in 1983.
James Blumstein represented himself before the U.S. Supreme Court in 1971. Blumstein had recently moved to Tennessee, and he had sought to register to vote.
In court, the person who gets sued or accused is called a defendant — they have to defend their innocence or reputation. One thing no one wants to be is a defendant: that means someone sued you, which could cost you a boatload of money.
It is true that the lawyer–defendant can defend himself/herself (the other defendants have the same possibility), but under no circumstances can he/she defend the other co-defendants.
ABRAHAM LINCOLN SAID: A man who represents himself, has a fool for a client.
Abraham Lincoln reportedly employed the following adage. Here are two versions: If you are your own lawyer you have a fool for a client. He who represents himself has a fool for a client.
It is an old law adage, copied from the Italian proverb of Che s’insegna, &c. that the man who is his own lawyer has a fool for his client. If he undertakes, of choice, to become so in making his will, he seems to us to verify the proverb in the most obvious and striking instance. For the ill consequences of his ignorance fall upon those whom he loves best, and wishes to benefit most.
Before you act, it’s Prudence soberly to consider; for after Action you cannot recede without dishonour: Take the Advice of some Prudent Friend; for he who will be his own Counsellour, shall be sure to have a Fool for his Client.
A counselor is a person who gives counsel, i.e., an adviser. Alternatively, a counsellor is an attorney, especially one who pleads cases in court. The context suggests to QI that the first interpretation is the most likely.
Benjamin Franklin (Fredd Wayne): No, that might be unwise, Sir. The man who defends himself in court has a fool for a lawyer and a jackass for a client.
fantasy-comedy television series “Bewitched” broadcast an episode titled “Samantha for the Defense” which included a character depicting Benjamin Franklin who had magically been transported from the past. 7 The Franklin character employed the adage, and another character credited the line to Abraham Lincoln: 8
This knowledge beyond the four corners of the law would largely escape the attorney practicing outside his area of specialty.
There is the old adage in civil or criminal trials that describes a person who represents himself at trial: “He has a fool for a client.”
Because of the specialized nature of most of their practices , transactional attorneys often do not have the experience necessary to represent themselves in matters outside their specialty areas. For example, a securities attorney should probably not handle the legal documentation involved in the sale of his home.
Issues involving conflicts of interest can become especially acute when an attorney represents a business entity in which he is also an investor. Attorneys are routinely participants in investment partnerships, private businesses, banks, hospital districts and any number of commercial and not-for-profit businesses.
Judges typically keep the pro se defendant on a short leash during opening and closing arguments to prevent him from making factual statements without swearing to tell the truth first.
Practicing attorneys in a field, beyond the technical nuts and bolts of practicing law, develop expertise as to the customary and appropriate terms for a matter in a given instance, that is, what the particular market will allow.
Early in the 20th century, trial lawyers were capable of handling all litigation matters, whether they be criminal or civil. Many of the members of the Bar were sole practitioners in small law practices who handled all legal matters, from wills to criminal proceedings.
When you took your first bar review prep course you probably heard the adage, “The man who represents himself has a fool for a client.” The internet tries to attribute the quote, like many other profundities, to Abraham Lincoln, but some sources credit it years earlier to English clergyman Henry Kett. Regardless who said it or who said it first, the wisdom of the adage are at least two. First, an individual, even if he or she is a trained lawyer, may not have the expertise in the particular area of law at issue, even though many of us think we are smart enough to figure anything out. (We lawyers are sometimes too smart for our own good.) More precarious is that someone who represents him or herself is likely to lack the ability to see both sides of a case. As lawyers, we all know how difficult it is to convince a head strong client from doing something stupid.
More precarious is that someone who represents him or herself is likely to lack the ability to see both sides of a case. As lawyers, we all know how difficult it is to convince a head strong client from doing something stupid. Of course, many people can’t afford to hire a lawyer – but that’s a different thing.
Mark Peterson, the disgraced and convicted Contra Costa County District Attorney, found out the hard way. Just last month, Peterson pled no contest to a single count of felony perjury and resigned from office. Peterson didn’t represent himself in his own criminal case. But he did represent himself in what seven years earlier he probably considered ...
Mark Morodomi is Senior Counsel, Governance in the UCOP’s Office of General Counsel .
But he did represent himself in what seven years earlier he probably considered a crumb of a matter: he acted as his own political campaign’s treasurer. Peterson was no novice politician. He had been a Concord City Councilman before he ran for district attorney in 2010.
Judges typically keep the pro se defendant on a short leash during opening and closing arguments to prevent him from making factual statements without swearing to tell the truth first.
John Edwards’ attorney Gregory Craig almost struck a plea bargain with prosecutors over charges of campaign-finance improprieties, but the government insisted on some jail time for the former senator. It now looks like the case could go to trial.
Alternatively, some judges make the defendant bring in a proxy to ask the questions. There have even been cases in which the gallery was treated to the absurd spectacle of the pro se defendant both asking and answering the questions.
Whether the defendant is a trained lawyer or not, most attorneys have long accepted the conventional wisdom that representing oneself in court, known as pro se representation, is a bad idea. There’s an old saying that a person who represents himself in court has a fool for a client.
Edwards knows his case better than anyone, so he might be particularly good at constructing his defense and responding quickly to allegations made in the courtroom. It’s also possible that an impassioned Edwards could sway the jury. Plus, he’d save a lot of money.
Professor Erica Hashimoto of the University of Georgia Law School found that, on the whole, pro se defendants actually achieve better results than their professionally represented peers. About 50 percent of do-it-yourselfers in state courts escape conviction, compared with 25 percent of represented defendants. (Hashimoto got her data from court docketing databases, which don’t list the defendants’ professions, so it’s not known what number of them, if any, were trained as attorneys.)
A man (or woman) who is his (her) own lawyer has a fool for his client.
The first addresses a principle in American law that allows an individual to represent himself or herself in most judicial proceedings, such as criminal or civil trials . This is called acting pro se, whcih is Latin meaning for oneself.
A lawyer may have the arrogant view that she or he knows the law and is an excellent advocate. Right or wrong in that analysis, as an involved party, the lawyer is unlikely to be as objective about the case as an independent counsel. That involvement, almost always emotionally charged, may distort the handling of the case, usually to the lawyer's detriment. Judges will often insist on shadow counsel even when the pro se defendant is a lawyer.
Because of this, many judges, especially in criminal cases, will require that the person representing himself or herself have a shadow counsel available to assist. The shadow counsel does not lead in the arguments or examinations, but is on call as will try to guide the pro se defendant or party informally.
This is tough stuff. You would be foolish if you try to represent yourself .
However, it is also possible for a person to represent themselves, i.e. to be their own lawyer (and therefore, their own client). The adage a man who is his own lawyer has a fool for his client means that representing yourself in court is foolish.