Malaysia-PRAKTIS Article – Self-Representation: Every Rose Has Its Thorn

PRAKTIS Article – Self-Representation: Every Rose Has Its Thorn
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SELF-REPRESENTATION: EVERY ROSE HAS ITS THORN

"A man who is his own lawyer has a fool for a client" [1] – Does this apply when a lawyer is representing himself?

Undeniably, majority of lawyers would assert that self-representation in their personal capacity is justified as they are well capable of defending others, unquestionably then for themselves as they know best on the claim against them or their legal firm.

…Of the multiple reasons why a lawyer should not self-represent, the key justifications not to self-represent are such as:-
·         Conflict of interest;
·         The lack of independent legal advice; and
·         The ethical responsibility that a lawyer should possess and the contractual obligation to adhere to the Mandatory Professional Indemnity Insurance ["PII"] Policy provided by the Insurers of the Malaysian Bar PII Scheme.
These reasons are explored further…
To read more on "Self-Representation: Every Rose Has Its Thorn", click here. To access other Risk Management materials, visit us at www.Praktis.com.my and subscribe for monthly updates.



[1] A proverb based on the opinion that self-representation in court is likely to end badly, 'A man who is his own lawyer has a fool for a client' (The Phrase Finder ) <http://www.phrases.org.uk/meanings/a-man-who-is-his-own-lawyer-has-a-fool-for-a-client.html>

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