Can You Represent Yourself in Court? Abraham Lincoln’s Warning Still Matters
Abraham Lincoln once said, “He who represents himself has a fool for a client.” President Lincoln was an attorney first, and felt no one (including an attorney) should represent themselves in a court case. History tells us that Honest Abe didn’t originate this idea, which appeared in writings as early as 1814 by the lesser known Henry Kett.
The truth is, there are some limited circumstances in which can you represent yourself in court might have a “yes” answer without being catastrophic. If you want to understand the official process, the U.S. Courts – Representing Yourself (Pro Se) guide is a great resource.
When Representing Yourself Might Be Okay
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Minor traffic offenses;
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First offense Class B or C misdemeanors that you know you are guilty of, and you just want to plead guilty or apply for a diversion program; and
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Small claims or District Court civil cases where the amount in controversy is less than $10,000.
In all of the above circumstances, the cases are heard in District Court where the rules of evidence are relaxed and the judges are accustomed to working with those representing themselves “pro se”. In these types of cases, the stakes are usually very low and if you are not successful, you can probably live with the results, and you have saved money without hiring an attorney. If you are dealing with such matters, our Traffic Violation Lawyer and Small Claims Court Help pages provide useful guidance.
Why an Attorney Is Still a Better Choice
Even in cases where the outcome doesn’t really matter to you, you may be better off with an attorney because having an attorney could save you an enormous amount of time. Many court dockets have hundreds of cases set on the same day. Judges routinely handle cases that have an attorney first. We have seen instances where minor cases with an attorney are in and out of court in under 15 minutes, where someone with a similar case without an attorney may sit for up to 12 hours waiting their turn.
Serious Cases Require Professional Representation
In all other cases, it is wise to hire professional representation. If you are convicted of a Class A misdemeanor or any Felony, jail is a real possibility. On top of jail, there are other consequences that a legal professional may be able to help you avoid, like loss of your driver’s license, and loss of your voting and firearms privileges. Our criminal defense services team handles such cases daily.
There is a reason that law school lasts 3 years. There is a lot to learn, and if you haven’t been through it, you don’t know what you don’t know. Having witnessed many people try to represent themselves in court in Circuit Court over the years, it never goes well. If you want an independent perspective on whether to proceed pro se, the American Bar Association – Should You Represent Yourself? article offers helpful insight.
Public Defenders vs. Going Pro Se
If you simply can’t afford an attorney, you are still better off with the public defender. Public defenders get a bad rap and are in most cases decent attorneys. Often the complaints against public defenders are on issues that aren’t really their fault. Some complain that public defenders are inexperienced. That may be true, but they still have more experience than someone that has never practiced law.
Call Experienced Attorneys
Do yourself a favor — if you have a serious legal case, where the results matter and you can afford an attorney, don’t gamble on the question “can you represent yourself in court?”. The safe answer is: hire an attorney.
📞 Call our firm with experience and a long history of success at 205-502-2000 today.