Self-Representation in Court?
An article at Slate asks why John Edwards – a famous trial lawyer and former presidential candidate accused of illegal use of campaign funds – isn’t representing himself in his criminal case. In the course of discussing this, a 2007 study is cited wherein:
Professor Erica Hashimoto of the University of Georgia Law School found that, on the whole, pro se defendants [those representing themselves] actually achieve better results than their professionally represented peers. About 50 percent of do-it-yourselfers in state courts escape conviction, compared with 25 percent of represented defendants.
This is quite a surprise, and merits more study. It always seemed to me that a certain level of authenticity, earnestness and openness could be achieved through self-representation (especially before a jury) that would be impossible through the filter of a lawyer (who are sometimes regarded with suspicion). The problem is the lack of knowledge in navigating the procedural hurdles and covering all bases in presenting your case. That – at least – is where a lawyer’s specialized knowledge is helpful.
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