Legal Ease by
Shane Givens
March 23, 2011
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A few frequently asked questions This week, I decided to offer replies to some frequently asked questions. These are general questions that usually have standard answers; however, again, any time you have a legal question, you should contact an attorney. _ “Do I need a Lawyer?” Ninety-nine percent of the time, if someone comes by my office and asks this question, the answer is yes. After all, if they didn't need a lawyer then they probably wouldn't be here. _ “Can I represent myself?” Well … yes. While there is no law against someone representing himself, it is usually a terrible idea. The main reason not to attempt this, of course, is that a lawyer has had years of training and experience. Even if someone is absolutely in the right about their case, it takes some degree of skill and legal knowledge to present the facts to the judge or jury. And the other side is always going to have a counter-argument. _ “Will you give me the forms I need to do my case by myself?” No. Many people think that being a lawyer means all they have to do is find and fill out a form. While most lawyers have general forms they use, every situation is different. It's not as easy as many people think. Plus, this is kind of like going to the grocery store and saying “Can you give me a loaf of bread? I know you have some.” _ “Will you fight for me?” Definitely. I hate to lose. I want, and try, to win every case. When I don't get the desired result in a case, I take it personally and I am usually more upset than my client. _ “Can you be mean to the other side?” Usually, when people are suing someone, or being sued, they have a great dislike for the other party. Therefore, they have the natural urge to want to make things as uncomfortable as possible for their opposition. I often hear clients say, “When so-and-so gets on the stand, I really want you to bury them.” Many times, however, this tactic is not effective. It usually takes a significant period of time for someone to gain this sort of dislike for another person. The clients who request this sort of treatment have usually spent a long time gaining a dislike for their opponent, possibly for good reasons. The judge and/or jury, however, know nothing about the case outside of what they hear in the courtroom. Therefore, they have substantially less time and information to share in their dislike of the witness or the opponent. If the judge or jury can't be quickly brought up to that level of dislike, then being mean is going to be seen as bullying. So, although I can and have been mean to people on the witness stand before, it is a tactic that must be used sparingly, such as when there is some type of shocking news that will instantly cause the judge or jury to dislike the witness. This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to givenslaw@tds.net. |