the client who has himself as a lawyer has a fool for a client

by Forest Schultz 6 min read

There is the old adage in criminal trials that describes a person who represents himself at trial: "He has a fool for a client." Accordingly, attorneys maintain that they should handle all legal matters for their clients and that clients should not attempt to discharge legal matters on their own, no matter how simple.Feb 8, 2004

What does this phrase mean a lawyer who represents himself has a fool for a client?

A person who represents themselves in court without the assistance of an attorney, whether as the defendant or the plaintiff, and whether or not the issue before the court is criminal or civil, is said to be operating pro se (a Latin phrase meaning "for oneself").

What does a man who is his own lawyer has a fool for a client?

Meanings of “A Man Who Is His Own Lawyer Has A Fool for a Client” 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.

What did Ben Franklin say about lawyers?

Benjamin Franklin Quotes A countryman between two lawyers is like a fish between two cats.

What did Abraham Lincoln say about lawyers?

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."

Who said an attorney who represents himself?

“A lawyer who represents himself has a fool for a client.” - Feher Law.

Was Benjamin Franklin a lawyer?

No, Benjamin Franklin was not a lawyer. During Benjamin Franklin's life, he worked many jobs and held many titles, but he never became a lawyer.

Why is representing yourself a bad idea?

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.

Why do transactional attorneys not have the experience necessary to represent themselves in matters outside their specialty areas?

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.

What is the old adage in civil or criminal trials that describes a person who represents himself at trial?

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.”

When did the proverb "self representation" come about?

As with many proverbs, it is difficult to determine a precise origin but this expression first began appearing in print in the early 19th century . An early example comes in The flowers of wit, or a choice collection of bon mots, by Henry Kett, 1814:

What advice should an attorney give to a board of directors in an insolvent business?

Normally, in a situation involving the insolvency of a company, the legal adviser would advise the members of the board of directors that their duty has shifted from representing the interests of the stockholders to the creditors and that they risk personal liability if they ignore their responsibility to the creditors of the business. However, if the attorney is an equity holder in this business, he might not give strong advice to the board to consider liquidating the company to pay creditors because of a wish to preserve his investment in the enterprise.

What is a conflict of interest attorney?

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.

Do attorneys handle their own legal matters?

Accordingly, attorneys maintain that they should handle all legal matters for their clients and that clients should not attempt to discharge legal matters on their own, no matter how simple. However, attorneys often do not heed their own advice. They will at times attempt to handle their own personal legal matters, ...

Is a pro se defense a bad defense?

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 .”. A 2007 study, the first of its kind, seriously challenged these aphorisms.

Why is filing a lawsuit required?

In many cases, because of the issues and often the “twists", or even simply because the extent of the damages and the possible exposure of the insurance company, the filing of a lawsuit will be required! In fact, statistics show that if a case potentially involves a settlement in excess of $100,000.00; that litigation will more likely than not be required! Simply, because any case with that amount of exposure will cause ALL parties (including the insurance company) to exercise as much “due diligence" as possible to determine whether the claim has merit.

What is the smartest decision a person can make?

However, in the event that some further action is necessary, then the smartest decision a person can make is to allow an experienced trained professional to assist them in the resolution of the matter ; especially when the entire “weight" of the legal system is brought into play.

What is the best way to perform due diligence?

Plus, the best means of performing “due diligence" regarding any claim is through the process of litigation. Why? Because, the process of litigation allows for: (1) The “discovery" of all relevant documents; (2) The taking of “depositions" of parties and witnesses under penalty of perjury; (3) The filing of Court “Motions"; and MOST IMPORTANT, (4) The various legal “strategies" and legal “theories" that the opposing parties attorneys will use to best develop THEIR defense. ALL for the dual purposes of determining BOTH the “true value" of your case, as well as how to REDUCE the amount of exposure (i.e.: the amount of money) that the opposing side will need to pay you to end the litigation.

What are the factors that make up a professional?

All professionals, including but not limited to attorneys, physicians, accountants, dentists, but also “specialists" of all areas - all have one key factor in common: Years of education and Training! Training and education that if used in an “objective" and “meaningful" way, can and often does make the difference between winning and losing, and in extreme cases – “financial" demise, and loss of “freedom and liberty".

When a "personally vested" emotional state is combined with all the complexities and nuances that every

Next, when a “personally vested" emotional state is combined with all the complexities and nuances that every single legal matter involves, the answer becomes obvious: “He [and even a lawyer] who represents himself [TRULY] has a fool of a client!

Was Lincoln an attorney?

President Lincoln was also an attorney, and yet – he felt compelled to make that statement? Why? Speaking from the perspective of an attorney that has been practicing law for over 20 years, the answer to me is actually as much “psychological" as it is “practical". In fact, as much of my practice consists of representing attorneys and other professionals in criminal matters, civil litigation, bankruptcy proceedings, and sales of structured settlements, and annuities, I have had the “unique" opportunity to see first-hand – just how true that statement actually is!

Do attorney fees come from a final settlement?

A. Because personal injury claims are generally handled on a “contingency basis"; the ONLY attorney fees charged will come from the FINAL settlement of the claim. Although, “costs" on occasion may be required (particularly if litigation is necessary); most experienced attorneys will ALSO ADVANCE those costs on your behalf at no interest as well.

What does it mean when a man is his own lawyer?

A man (or woman) who is his (her) own lawyer has a fool for his client.

Do you need a shadow counsel in criminal cases?

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.

Is a lawyer an advocate?

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.

Is it foolish to represent yourself?

This is tough stuff. You would be foolish if you try to represent yourself .

Can a man be his own lawyer?

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.

Who said "The man who represents himself has a fool for a client"?

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.

What is more precarious, a lawyer or a lawyer?

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.

Was Peterson a novice politician?

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.

Who is Mark Peterson?

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 ...

Did Mark Peterson commit perjury?

Of course politician Mark Peterson should have known better not to use his campaign funds for personal use and should have known better to not commit perjury on his campaign disclosure statements. But seven years earlier, attorney at law Mark Peterson should have known not to represent himself, even as campaign treasurer.

image