BOBBY J. BARNHART, JR.

ATTORNEY & COUNSELOR AT LAW

MEDIATOR - CONSULTANT

WHY YOU MAY NEED AN ATTORNEY [even though you think you don’t]

In my practice I often see people who represent themselves in a legal matter. When a person who is not admitted to the practice of law appears in Court (or before any legal tribunal) without an attorney, he/she is deemed to be appearing pro se. There are very few people, no matter how intelligent, who are not putting themselves in harm’s way by appearing pro se (especially when the other party is represented by an attorney).

There are also many situations outside of the court room where knowledge of the law can be essential (e.g. adoption proceedings, drafting of legal documents such as contracts, preparing a Will, and so forth). Even though there is no risk of loss of freedom (criminal), money (lawsuit), or right or privilege (e.g. eviction proceeding), you can avoid mistakes (which can be monumental in certain circumstances) if you have a legal professional guiding you.

As a practicing attorney, in most situations I am prohibited by the Bar Rules from approaching a pro se party and advising them they are headed toward disaster (there are many reasons for this rule, which I believe is a good one, but sometimes it is really hard to comply when I see a pro se party in over their head). But were I able to discuss the situation with them, they would most likely tell me one of the following things:

1. I would like to hire an attorney, but I cannot afford one.

The real question is: can you afford not to have a legal professional on your side? Hiring an attorney can be expensive, but not having an attorney can be a lot more expensive!

2. My case is very straight forward and there is no way I can lose, so I do not need an attorney.

There is no such animal as a "sure thing" in the court room. While judges are generally more lenient and tolerant of pro se parties, there are limits and without knowledge and experience in law, you can make mistakes which can precipitate disaster. This is especially true if you are a criminal defendant.

3. I had an attorney but I did not like the advice he/she gave me.

An attorney is obligated by the Bar Rules to advise you to the best of his/her ability even if the advice is something you do not want to hear. Even if you hire an attorney in the capacity of "limited representation" [as discussed elsewhere on this site], that attorney will advise you honestly and completely even if he/she knows the advise is something you do not want to hear.

4. My attorney did not pursue the case the way I wanted them to.

Attorney’s are bound by the Bar Rules to a very high standard which prohibits certain tactics which are popular on television and in the movies. Furthermore, attorneys are generally experienced enough to be able to read a judge and/or jury and make judgements to avoid tactics which they believe will alienate or sway the opinion of the judge and/ or jury toward the other side’s arguments. Playing Perry Mason can cost you dearly.

5. This is just a _______ [Will, simple contract, title transfer, etc.], for goodness sakes, it doesn’t have to be perfect.

Wow! How many times do I hear that one. Poorly drafted (and/or legally deficient) documents can have minimal effect, but it can also have far reaching and disastrous consequences. Even if the effect is minimal, it can result in substantial unanticipated expense to get it corrected. In extreme cases such as a legally deficient Will, it can result in the document being rejected and  your wishes being totally ignored. Having an attorney review your document before you execute it can save you a bundle down the road and insure that what you want to say gets said and understood in the way you intended.