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A Bad Idea: Being Your Own Lawyer

An individual is faced with innumerable options. He/she can hire a solicitor, apply for divorce on-line or, go in for a DIY divorce. Couples can go in for mediation, collaborative negotiation or marriage counselling to settle divorce issues. An individual also has the alternative to be his/her own lawyer.

According to Bath Law Society, it is not advisable for an individual to hire himself/herself to argue his/her divorce case in court. Though preferable, it is not deemed feasible and fair. Here are some reasons as to why an individual shouldn’t represent himself/herself:

Unfair Representation of Facts: The first thing an individual has to do in a divorce case is to present all the facts clearly. This does not happen in when a man is representing himself in court. Whether as a petitioner or respondent, the individual lets his/ her personal prejudices colour the facts. The individual misrepresents the accurate findings. This could influence divorce judgements. The individual has no idea how the court perceives witnesses. He/she may call in a bartender of a frequented pub as a character witness. This would be a bad move. It would simply show the client in bad light. Thus, the client is totally unaware of what, how, why and when to present facts.

In contrast, a professionally hired lawyer and the legal team do the investigation in a proper manner. Evidence and facts are properly presented in court. Further, a lawyer knows what type of people to call as character witnesses for the client. A lawyer will not call a bartender as a character witness. It would simply show the client in poor light. It would indicate that the client drinks, visits bars and is financially, socially and emotionally high-strung. The lawyer will not negate his/ her client to lose out on custody matters. Thus, unlike the average commoner, the professional lawyer will know what facts to present and when.

No Legal Knowledge: Though the individual may possess a cursory knowledge of divorce law, he lacks legal expertise. But when it comes down to the bare facts, the person finds himself/herself at sea. Even law students find themselves inept at handling sensitive divorce procedures. This could be because academic knowledge is vastly different from actual courtroom practice.

The individual does not have a legally sound background. This usually shapes and directs wrong decisions and actions. In the long run, this lack of knowledge could prove to be expensive in the divorce. On the other hand, hiring a legally sound professional solicitor guarantees one of good and solid legal advice. The law firm owes it to the client to give the best-suited advice and aid. This guidance is specific in accordance with the rules and demands of the client. Further, the solicitor and the legal team have an in-depth inside knowledge of the courtroom, judges and the timeframe. They accordingly guide the client to make appeals and petitions. A professional solicitor always guarantees safe and profitable result for the client.

In comparison, if legally savvy, the individual gets caught up in endless arguments and documentation. The individual is unable to place his/ her best interest as top priority. In the end, the divorce case becomes a bone of frustration. The individual has to deal with countless minor divorce issues of financial settlements and custody matters. He/ she feels lost without proper legal advice. There is always the risk of making a wrong decision and loosing everything. In contrast, when a professional solicitor takes up a case, he/she involves the entire legal team of the law firm. In other cases, the lawyer himself is well equipped to deal with financial, custody and minor divorce matters. In short, the client benefits, as he/she is able to avail of professional legal advice in every field.

Too Close to the Case: The Bath Law Society argues that individuals are too close to the case. This could seem convenient and easy. But it actually impedes the divorce process. The individual is unable to distance himself/herself from the case and act fairly. Personal biases could mould and direct an individual's approach. In contrast a professional lawyer is the neutral third party. The client benefits the most. The lawyer is able to critically view and weigh the case against the client. The lawyer is able to work for the client's profit and advantage by adopting a dispassionate viewpoint. Her/she is able to see the reality and facts as they appear. He/she is able to place herself in the shoes of the judge and, decide if the divorce case benefits the client. All in all, a client benefits by hiring a professional solicitor.

By: James Walsh

Article Source: http://www.myaddirectory.com

James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see www.quickie-divorce.com

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