Most people don't ever think they will need a lawyer, but when they do, many are tempted to ask:
"Do I need a lawyer?"
Which is probably the first indication that you do.
People complain: "You can't represent yourself in court because the system is gamed to lawyers. The courts don't let people talk." It apparently does not occur to them that most people do not know how to articulate their best position, even if they understand the legal principles involved. There are generally three reasons for this:
First, they assume there is a "trick" to the law, when in fact there is no trick. The law, believe it or not, is a system of rules derived from literally centuries of argument, going back to the Jewish, Roman and British traditions we've inherited. Many things people say, like "Possession is 9/10ths of the law" are things that have come down to us through centuries of litigation. There are hundreds of rules of law that date back to the Bible and ancient Rome. The Romans had very complex rules of "surety." You call it car insurance.
There is, I remind people, no need for morality until other people get involved. The science of morals is what governs human relationships, not exile on a desert isle. The law is an outward mechanism we humans use to assign values to these things, and to reward the injured. There is no trick to it, but there is history, human nature and.... combat in legislatures and the courtroom. The end result is a principle, not a trick. If you believe the law is a trick, you have just tricked yourself into faulty thinking, and will make a misstep when good judgment is critical.
What seem like "tricks" to ordinary folks are the court rules which -- believe me -- are painstakingly ruminated over, argued, and, after months and years of review, rejected or adopted. I guess that could seem tricky. God knows it's painful.
Second, there is no such thing as too much communication skill. One reason I am a big fan of Toastmasters training -- and of writing classes and freelance writing groups -- is that every single human being in this world has information that is helpful to us. And I mean that: every single human being has information that will help you improve your communication skills.
Here we encounter a most delicate thing, to wit, the most brilliant communicators are the ones who listen the best. That requires practice. It takes skill. You can't snatch it from the imagination. It must be incorporated into your flesh, your experience. That will not happen until you are able to accept information you don't like. Most people don't even want to hear that idea. Hence, when they go into combat, they don't understand their own weakness. Experienced investigators and trial lawyers are accustomed to incorporating things they don't want to hear. (You even get to the point of welcoming contrary information, as sick as that sounds, because it is your "secret" weapon.) Ordinary people experience this as an insult. Result? Your thinking is short-circuited into personal insult. It takes years to acquire poise in those skills. Most lawyers and cops are pretty scarred up and bruised before they can claim the t-shirt.
Third, most of us confuse passion with principle. When a person feels injured, they want to be heard. Wanting to be heard translates into "I am right." While wanting to be heard is a basic communication need, the particular principle in a dispute (referred to by lawyers as the "gravamen" of the action) has nothing to do with the human need. I know that sounds tricky, and I apologize for that, but if you think it through you can see what I mean. Here's an example:
Your neighbor gets an emergency court order preventing you from cutting logs on your property because the trees are near a stream that is protected by, let's say, some fisheries statute. You of course are insulted: it's your property, it's your timber. Why is that your neighbor's business? As you think about it, you grow angrier because your neighbor never talked to you about it. He just had the sheriff serve you with papers. You're insulted. You want your "day in court."
When you arrive in court, you're angry at your neighbor for being underhanded and sneaky. You are not in the least prepared to argue the principle of law -- which is possibly on your side of the dispute. And, being untutored in the finer points of communication, you use force and insult to wrest justice from the court you just implied was part of a government coverup involving black helicopters and Haliburton. When it appears to you that things aren't going your way (and in this, I hasten to add, you may be mistaken), your thinking falls apart on you altogether. If you had a rational argument, it is already half way to Orlando with someone who looks suspiciously like your wife. Perhaps the court calls security, and now you need to raise cash for bail. I've seen things go just like that, so if you think I'm joking, I'm not.
The expression, "He Who Represents Himself Has A Fool For A Client", is a common sense recognition that very, very few people in this world are so successfully compartmentalized and rational that they can meet every swing of the hammer in a courtroom with grace and skill. Most lawyers need about 10 years to get properly seasoned. Even the old ones, like myself, will tell you they learn something new every day, so if you find yourself in hot water, don't resist: get a lawyer.
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