When you're charged with a crime, you are the defendant. In the US legal system, each defendant has the right to a lawyer. If the defendant can't afford one, then the court appoints a lawyer to ensure a fair trial.

However, some choose not to use a lawyer and instead represent themselves. This is called representing yourself "pro se." Defendants representing themselves are becoming more common in the US. Most lawyers and judges think it's a bad idea most likely resulting in a conviction. But as long as the defendant is competent and voluntarily makes this decision, they have to honor it. In 1975, the US Supreme Court decided defendants not only have the right to counsel, but they also may refuse counsel and represent themselves.

Why Would a Defendant Choose to Represent Himself?

Some defendants mistrust the legal system and don't get along with their court-appointed lawyer. They fear their lawyer will mess up their case and think they have a better understanding of the case and can do a better job on their own.

Even if the defendant himself may think he can do a better job with the facts and examining the witnesses, many warn the legal system is simply too complicated for the average person to handle on his own. Representing a case, understanding the legal issues and making objections, which are essential in an appeal, are often butchered by self-representation.

Pros of Pro Se

Defendants may choose to represent themselves for various reasons. They might think they know all the facts and therefore can make their case stronger by personally examining witnesses. Even a great lawyer can't remember all the facts of every case, and even in a good lawyer-client relationship, the client may forget to tell the lawyer important details. Being your own counsel gives you a bigger picture and you know more of the facts.

Another advantage is cost. Unless you use a court-appointed lawyer, you can expect to pay a few hundred dollars per hour for your lawyer, even if you're convicted. Some defendants simply choose to avoid paying legal fees.

There are some types of law where you don't have legal counsel such as Small Claims Court. Some bankruptcy cases or traffic violations can be easily represented by you.

Cons of Pro Se

There are many disadvantages of representing yourself. First, you are biased. Because you are so involved in the matter at hand, it's easy to overlook many details and miss the bigger picture. It may also be harder to see things from the other side and therefore miss many arguments that can be essential to your defense.

Also, if you don't have any legal background, training or experience, the legal system can be overwhelming. You won't be familiar with the legal language, rules of procedure, evidence and appeal rights. And what you think is a great version of the facts doesn't matter. A judge or jury makes their decisions based on evidence, the law, cases and the rules of court.

The average person will have a harder time gaining access and understanding decisions to use for precedent and the state's criminal and civil codes.

Standby Attorneys

As pro se representation gains popularity, some judges suggest or require standby attorneys. This way you can represent yourself, but a lawyer is available to help when necessary and to ensure the legal system isn't being abused. The standby attorney assists in hearings and at trials and can help with objections and other procedural rules.

Unless you have a lot of time on your hands and want to read many legal rules and cases, its best to let someone who has gone to law school and has formal training represent you, especially when dealing with criminal convictions.

Choosing to represent yourself, consult the various books and online sources available to pro se defendants, and if you can get a standby attorney, consult with her to make sure you're following the rules.

Questions for Your Attorney

  • Can I get my conviction overturned if I represent myself in court?
  • Can I fire my court-appointed attorney?
  • Can I represent myself in appeals court?