Do you need an Attorney or Can You Represent Yourself, Discuss? ~ Unique Legal Solution

The above mentioned question is a highly contentious issue which has been a matter of debate for many decades amongst people and especially common people who have constantly questioned the presence of attorney in the judicial system of the country. The common man is of the view that courts are forums established for delivering justice and man who is aggrieved and comes to this forum is in much better position to explain or present the matter in comparison to an attorney as the aggrieved person is the first person to experience the events and aware about the facts of disputes. On the other hand, an attorney is of the view that by virtue of his training in law, he is in much better position to understand the matter and present the matter. Therefore to understand and to answer this very contentious issue, it is important to understand some very basic concepts that run through this question. It is also essential to see the both sides of the coins to positively come to the conclusion whether we need attorneys or can we just represent ourselves without any help from attorneys.

It is first important to look at the definition of law. Law are set of rules that are enacted by one of the organs of the government to govern the conduct of the countrymen. In India, the Parliament makes the laws and these govern the lives of the people. Law is a code of conduct that governs the nation and is a necessity of a modern day nation state. It provides for the working of the government and provides for rights and liabilities of people who are forming the nation state.

Law is often described as complex set of rules that are of complex nature and have characteristic of being extremely vast. An attorney is a person who is trained in law and is empowered to represent people in the judicial system that is courts of the country. The difference between an attorney and layman is expertise of an attorney in law. A layman may know the existence of a law but is not trained to work and apply the law. An attorney is on the other hand is a person who understands the law and knows how to apply laws to different situations and circumstance. An attorney can give different interpretations to law which possibly cannot be given by a layman or a common man. An attorney understands the nature of law and the working of a legal system. An attorney role is not limited to just court rooms but expands to all those areas where the law touches the lives of people. These may include administrative matters, contract matters or issues that require the state to act. Law governs the society and hence, it plays a very important role in the structure of nation state. A person therefore can either choose to appoint an attorney or can choose not to use the expertise of attorney.

An attorney role in a dispute pertaining to complex matter is definitely an attractive proposition to end the dispute and reach a favourable conclusion. An untrained person may find difficult to apply law and give interpretations to law. An attorney on the other side having known the rules and procedures of the court can present the arguments in a better way in comparison to a person untrained in law. However, in many matters especially pertaining to administration, role of attorneys are made limited. It is preferred to present one’s own point of view across the respective body. In many countries common people who are untrained in law are encouraged to represent themselves before the judicial authorities. On the hand in India, there has been a growing trend to use the expertise of an attorney. In J. K Aggarwal v. Haryana Seed Development 1991 AIR 1221 case, the Hon’ble Supreme Court of India allowed the appellant side to be represented by a lawyer in disciplinary enquiry in the view of natural justice as the respondent side was being represented by law trained person and it was felt that a law trained person representing the matter from one side was unfair to the other side who is not man of law as stated by the Hon’ble court. This case is highly significant as it indicates the increasing role of attorney whose role is just not limited to disputes pending in courts but to matters outsides the courts even in disciplinary enquiries and clearly indicates that skills of law trained person in matter of dispute are far much better than untrained person. In the respective matter, the appellant was initially not allowed to engage the services of trained attorney. There have been many instances where services of attorney were engaged with the view that they provide a better defence and present the matter a professional way. Thus the role of attorney is highly significant in the country. There is code of conduct for attorneys and by virtue of it they maintain high standards of professionalism and present matter before the courts to the best of their abilities.

Common people can also represent matter before the courts but they are required to follow the rules and procedures of the courts. These court procedures can be easily adopted and followed only with the help of specialised skills which are developed only after attending formal training in a law school. In appellate stage, attorneys play a highly significant role as appellate stage involves complex and highly technical aspects of laws which are sphere where attorneys are better equipped in comparison to common man or lay man. Attorney’s role is highly significant in getting a favourable conclusion. Common people are allowed to present the matter before the High Court and Supreme Court of India by presenting the petition in person but the said person is required to take permission of the Hon’ble forums.

This entire debate therefore centres on the choice exercised by the aggrieved person. The aggrieved person may choose to appoint an attorney to represent the matter or could represent himself in court. The aggrieved person if is of the opinion that he is fit to present the matter before the court i.e. he understands the working of courts, understands the different interpretation given to laws by various courts, knows the application of law and can present argument, cross examine and with stand cross examination then may choose to present the matter before courts or other forum that gives him a choice to represent himself. It is important to note here that the state endeavours to give an opportunity to represent himself either through an attorney or if he desires, then himself.

It is submitted that laws are published in the official gazette and the general public can access it. In today’s time people are much more aware of their rights and duties and laws are readily available through electronic media and other modes. This aspect has been recognised by the Hon’ble Supreme Court of India and the Hon’ble court has introduced a system of PIL i.e. public interest litigation where common people can raise issues and present matters concerning public interest in Courts.

A person can therefore present the matter and represent himself in courts but this can hold true only for those who understand laws. However, there are many people in India and in other parts of world that are not aware of laws or their rights. Attorney comes to rescue of this class of people. Attorneys role also become highly significant in some spheres where highly skilled knowledge is required like taxation, intellectual property matters or criminal law. For example under criminal law, the state acts on behalf of the aggrieved person. The accused is not regarded as guilty until proven so and onus lies on the prosecution to prove the accused guilty. It is here that the role of an attorney is highly significant as he will present the matter in a much more professional manner with a better understanding of law.

Hence, the question whether we need an attorney or can we represent our selves is a question can be understood from both sides that is one from layman point of view and other from attorney’s point of view. The question thus falls within the domain of choice of the individual whether he shall exercise engage the service of attorney or not. Attorneys are creation of the judicial system and area specialised class that is created to help the common man in matters where law touches their lives. It is for the individual to decide whether he needs an attorney or can do without him. An attorney is only an instrument helping the individual get justice, enforce rights and make life easier in highly elaborate and complex judicial system. It is submitted that attorney are indispensable members of the society whose services can only make life easier as they provide specialised assistance which shall only help and not create problems and their role is significant just like any other people who are specialising in other spheres like medicine, management.