The establishment of the attorney-client relationship carries with it certain obligations owed by the lawyer to the client, some of which are established by the contract of employment, others by the generally applicable law of the principal and agent, and yet others by the codes of ethics regulating lawyers’ conduct.
For example, just as the ethical codes expect a lawyer to perform with diligence, so, too, do the rules of agency require the lawyer to perform responsibly. Similarly, agency rules require agents to respect the confidences of their principals and to keep the principal [client] informed of all relevant developments and information, just as the rules of ethics [for lawyers] establish a system of attorney-client confidences and a requirement of attorney-client communications.
-The Ethical Family Lawyer, p. 69, Louis Parley, 1995 American Bar Association
Hey, ok, I get it, I guess – but does this really work?
One thing that I was recently thinking about is the question, “How effective can a person be representing themself?” The universal legal answer applies: it depends.
I recently advised a client on self-representation, covering all the legal ramifications and strategies we could with the time allotted. I was troubled at the end of the meeting and pondered it for some time. What troubled me was the client’s statement, “Nobody can be as passionate about my case as I am!” That is true, so what bothered me?
The conclusion I reached was that one of the benefits of hiring a lawyer is that a lawyer should remain objective and dispassionate with regards to the facts as they are found and present themselves, but passionate in the advocacy or representation. I find that it has taken me a number of years to come to a place where I can reserve my passion to where it is appropriate, but also maintain objectivity to maintain a clear view of the reality of the case. Cases are not black and white, but it is nice to keep a good idea of where the gray area in between begins and ends. I often tell clients that they pay me to give them by best, objective advice based on the facts and the law as I understand them, not to tell them what they want to hear.
So, I think that non-lawyers can represent themselves if they can maintain some objectivity. The simpler the facts and the issues to be resolved, the less objectivity is needed. The more complex and involved the facts and lengthy the case, the more objectivity is needed. A lawyer providing some degree of unbundled legal services should be engaged to help provide that objectivity to the client during the client’s case.
Yes it can.