This Weeks' Topic

Legal Self-Representation

Is it a good idea to represent yourself in court? What is the basis for the right to represent ourselves?

In a criminal case, the right to defend yourself, pro se, flows from the Sixth Amendment.

But generally it is a bad idea to represent yourself in a criminal matter. Remember how no prosecutor could tag a conviction on Jack Kevorkian. Then he decided he could do it on his own....and he was convicted.

We all have seen do it yourself will kits advertised. Is this a good idea or should you hire a lawyer?

 Two out of three people don't have a will and there is a great need for a properly executed will.

A lot of litigation ends up in the court because people don't know what they are doing, even with that $19 will kit. Save your family a lot of grief and money, and hire an attorney who has a specialty in estate planning.

What kinds of cases are suited for self-representation, and which are not?

Criminal cases, and any case involving a lot of money are not well suited for self representation. If you have a claim for less than $3,000 you may want to consider filing in small claims court. If you don't like your result you can apply for a trial de novo and get a new trial in a higher court....at that stage you probably should retain counsel.

What options are available if someone can't afford to hire an attorney?

If it's a criminal case, a public defender will be appointed for you. In civil cases, there are legal clinics and legal aid offices that can help depending on your income. Legal Aid Services of Southern Missouri can be contacted at 1-800-444-4863.

Disclaimer
This information is general and may or may not apply to your situation. The information contained on this web site is not to be considered as legal advice. Since no two cases are identical, we recommend that you contact an attorney in your jurisdiction to discuss the specific facts of your case. Furthermore, since statutes and case law change so frequently and due to information provided by other sources, we make no warranty or guarantee concerning the accuracy of the content of this or any other web sites to which we link.