65 votes
Accepted

I fancy myself an amateur lawyer. Can I represent someone in court, in the state of Maryland?

If you are not a member of the Bar of Maryland, you may not "practice, attempt to practice, or offer to practice law in the State unless admitted to the Bar." Maryland Business Occupations ...
bdb484's user avatar
  • 58.2k
40 votes

Why do we need lawyers in the Judicial system?

The law is known to everyone in theory. But as various people are said to have said, In theory, theory and practice are the same. In practice, they are not. Starting from zero and actually ...
Paul Johnson's user avatar
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38 votes
Accepted

What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?

In several civil law systems, including in Switzerland, the involvement of a defence lawyer can be mandatory, even against the will of the accused. If the accused does not appoint a lawyer, a duty ...
xngtng's user avatar
  • 5,811
27 votes
Accepted

Can the right to self-represent be waived due to conflict of interest?

The purpose of the conflict of interest rules is to ensure that attorneys are acting in the interests of the clients they represent in that particular case and not their own interests, the interests ...
David Schwartz's user avatar
21 votes

Why do we need lawyers in the Judicial system?

There are four similar answers here already, all about why it's a good idea to involve an expert. There isn't much engagement with the apparent discrepency you're asking about; the discrepency ...
Josiah's user avatar
  • 412
21 votes

What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?

canada Defence counsel needs to make clear the permissible scope of argument that they can make, consistent with the lawyer's ethical obligations to the profession and to the court. The arguments that ...
Jen's user avatar
  • 51.4k
17 votes
Accepted

Are lawyers allowed to come to agreements with opposing lawyers without the client's knowledge or consent?

This depends very much on the nature of the agreement, and whether it affects the client's rights and obligations. It may also depend on which US state this is in. If the agreement is "We will hold ...
David Siegel's user avatar
13 votes
Accepted

Why do lawyers not represent themselves in their own areas of expertise?

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 ...
ohwilleke's user avatar
  • 206k
12 votes

What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?

united-states In the USA, my daughter (who is quite good at this) believes the key skill for a criminal defense attorney is convincing their clients to do the things that will result in the best ...
Tiger Guy's user avatar
  • 6,194
12 votes
Accepted

Why would a defendant in the Georgia 2020 election subversion case who is also a lawyer NOT represent himself?

The most famous reason, often attributed to President Abraham Lincoln, although this is likely a misattribution, is that: A man who represents himself, has a fool for a client. People who represent ...
ohwilleke's user avatar
  • 206k
10 votes

What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?

The duty to the client is secondary to the duty to the court australia Barristers in Australia are governed by the Legal Profession Uniform Conduct (Barristers) Rules in the state or territory where ...
Dale M's user avatar
  • 204k
9 votes

Why do we need lawyers in the Judicial system?

We are not (generally) required to be represented by lawyers in court. Many people do their own legal work. The requirement to be approved by the bar association is a separate consumer protection law, ...
user6726's user avatar
  • 215k
8 votes

Why do we need lawyers in the Judicial system?

One element not touched on so far is the time and effort it takes for courts to support people who are representing themselves. In England & Wales we have had significant problems with an ...
Mark Booth's user avatar
8 votes

Could attorney 2.0 be a new way to get legal representation?

I think this idea has prior art. It is called "a law firm". There are many ways in which such organizations can be structured, but what you end up with is a team of people with different ...
Melletine's user avatar
6 votes

Why do we need lawyers in the Judicial system?

A legal court is not like school debating where you can make any argument to support your case. There are strict rules about admissible evidence. There are rules about which documents you must give to ...
curiousdannii's user avatar
5 votes
Accepted

Why would someone feel compelled to self-represent in court?

If a defendant has committed a crime, they would choose to self-represent to ensure that no one else would know about the circumstances of their crime. Although lawyers are ethically bound to ...
ohwilleke's user avatar
  • 206k
5 votes
Accepted

Can i represent myself in a German court without a lawyer?

Yes and No In the lower court (Amtsgericht), yes you can proceed without a lawyer, but for certain cases. In those cases and in the upper courts, you have to have a lawyer. That is called "...
Trish's user avatar
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5 votes
Accepted

How to write a retroactive letter of representation?

Since Mr X has a lawyer, the lawyer should advise what form this letter should take to be most helpful to Mr X's interests. In the absence of such advice, I would suggest soemthing like My lawyer, Y, ...
David Siegel's user avatar
5 votes

What happens if I file a civil lawsuit without a lawyer in Germany?

Close to zero, provided that §78 ZPO really applies in your case. You want to overturn established law and precedent on the grounds that it violates your notion of justice and civil or human rights. ...
o.m.'s user avatar
  • 16.4k
5 votes

How often do Davids fail to retain effective legal representation against Goliaths, in Private Law, even if David can pay?

In the USA, Goliaths are sued all the time. Lawyers would go hungry trying to sue Davids, it's the Goliaths who have money.
Tiger Guy's user avatar
  • 6,194
5 votes
Accepted

In 2022 can a barrister do anything that a solicitor or a litigant in person for that matter cannot?

One important formal difference is that self-represented litigants cannot claim the same costs if they prevail in a civil case. Costs are capped at 2/3 of what they would have received, had they been ...
Champer's user avatar
  • 66
5 votes

What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?

Typically most lawyers would ask the judge for permission to be removed from the case following the revelation that the lawyer cannot offer a competent defense. I'm not familiar with Swiss legal and ...
hszmv's user avatar
  • 22.9k
5 votes

Can a terminated commission based legal representation relationship give rise to expectation damages in England?

canada The client can always terminate the solicitor-client relationship at will, without penalty. This is a principle recognized in professional codes and at common law. This principle is based in ...
Jen's user avatar
  • 51.4k
4 votes

Can i represent myself in a German court without a lawyer?

You should apply for a Beratungshilfeschein at your local court (Amtsgericht), if you cannot afford a lawyer. See link for list of documents (passport, registration, rent cobtract, financial situation)...
Mark Johnson's user avatar
  • 5,451
4 votes
Accepted

How often do Davids fail to retain effective legal representation against Goliaths, in Private Law, even if David can pay?

How likely will David fail to find a skilled civil litigator to represent David — solely because Goliath is too powerful? It almost never happens in reasonably urbanized areas. It is an issue that ...
ohwilleke's user avatar
  • 206k
4 votes
Accepted

How did private individual litigants at the SCC and UKSC find lawyer(s) to represent them, when their quantum was ≤ $900?

Most cases of these type involve a strategic interest of a party, e.g., in a situation that is likely to recur in many future cases for that party making the precedent valuable to a litigant, or in ...
ohwilleke's user avatar
  • 206k
3 votes
Accepted

Managing member can not speak for their LLC in court?

Generally, a managing member of an LLC cannot speak for the LLC in court. The LLC needs to hire a licensed lawyer to do that. The general rule is that entities may not represent themselves "pro se" ...
ohwilleke's user avatar
  • 206k
3 votes
Accepted

When a U.S. Attorney files charges, does this mean it is automatically filed on behalf of the DoJ?

No. The U.S. Attorney brings charges on behalf of the United States, which is the filing party, at least in criminal cases. That's why every criminal case is styled "United States v. [Whomever]."
bdb484's user avatar
  • 58.2k
3 votes
Accepted

What options exist for doing one's own legal work?

As a person who has done a large amount of (mostly successful) pro se work, I have long advised people against doing pro se litigation in any case where they attach serious value to their case. There ...
bdb484's user avatar
  • 58.2k

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