2.1: Should I hire an attorney to represent me in court?
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This article is from the Lawful Arrest/Search/Seizure FAQ, by Ahimsa Dhamapada ahimsa@mu.clarityconnect.net with numerous contributions by others.
2.1: Should I hire an attorney to represent me in court?
You tried to live a good and moral life, and you
would never intentionally cause any injury, but
nevertheless, you now find yourself in the "belly
of the beast". Now What?
This is an ancient legal maxim: "A man who represents himself
in court, has a fool for a client!" But I've got one of my own:
"HIRING A LAWYER TO REPRESENT YOU IN COURT
IS A BIT LIKE DECLARING YOURSELF TO BE INSANE."
Here's why:
REPRESENTITIVE DEFINED
"Represent" means: "looks like", "acts like",
or "acts on the behalf/benefit of". Presumably you hire
a lawyer to act as you would, and on behalf of you, for
your benefit. This is *not* how it really is, as you know
if you have ever asked your lawyer to defend you on
Constitutional grounds. (he won't)
REPRESENTATION DIMINISHES "SUI JURIS" STATUS
Part of being free is having "Sui Juris" status:
a responsible adult with the ability to make friendly
contracts in public. Insane people are declared Non Compos
Mentis, thus Non-Sui Juris, prohibited from making friendly
contracts in public, prohibited from managing one's own
affairs. They become wards of the State. (I'm not saying
this is proper, just that it *is*.)
Now, when you ask a lawyer to "represent you", that is,
you assign someone your "power of attorney", you
are diminishing your own "Sui Juris" status, as
the lawyer (your agent) now can sign your name,
negotiate deals with the judge, engage in contracts,
etc., without your knowledge or further consent!
Your lawyer "acting on your behalf" has degenerated
into "Acting/Speaking for You". In court it is even worse:
"You are forbidden to speak/act for yourself". These days,
you MUST have an agent in court. You are forced / compelled
/ coerced to delegate part of your essential liberties
(your power to contract) to this fellow, licensed by the
same State that made the accusation against you! Yes,
and the same State that will grab a tidy sum of your money
when you are found guilty. Fair system, huh? ;^(
You have been tricked into becoming a ward. You have
been deceived into *thinking* you are no longer free.
You are required to hire your State Licensed "advocate"
(who is not even sworn to tell the truth in court) to do
all your talking for you. He is not your advocate. His only
interest is in getting paid, not offending the judge or the
monopolistic Bar Association, and thus, keeping his job,
and making his Mercedes payment.
(You should know that your ultimate responsibility is
non-delegatable. It is YOU that will go to jail upon
a guilty verdict, NOT the lawyer! And. he gets paid even
if you are found guilty)
DRIVERS: YOU MUST DECLARE YOURSELF INSANE, BY LAW!
Also interesting is "liability insurance", like
the kind required "by law" in the event that you
want to pilot an automobile without harassment.
Having insurance is like saying, "I am not responsible
for my future actions; my agent is". Let me say that
again. Having liability insurance is like saying,
"I AM NOT RESPONSIBLE...". Remember that Sui Juris status
is a *responsible* adult, free to make contracts at large,
in public.
Thus, hiring an attorney, or having insurance, is similar
to saying, "I am not responsible. I am not able to
manage my own affairs. My agent will act for me. My
agent will engage in contracts on my behalf. I am not
a free adult, but I am a ward".
DO YOU TRUST YOUR REPRESENTITIVE?
As a last sidebar, it can be now shown that in this
way, a *representative* democracy (a republic) is inferior
to true participatory democracy. Don't be tricked into
fearing "mob rule"; the Constitution asserts and protects
individual rights. (You might suspect someone critical of
Democracies as advocating substituting a different despot
for the one you've got now!)
Our republic was the only practical form of the ideal democratic
state that could have existed 100 years before automobiles and
200 years before the Internet ;^)
SUMMARY
Hiring an attorney is a personal decision, and now
that you understand the issues, you can make an
informed decision. Do so if you think it is in your
best interest. Frankly, this may be the path of least
resistance.
For real excitement, bring a legal expert along as your
"Counsel" who is not a state-licensed attorney. This is
your right. Be prepared for a charge of "having a bad
opinion about the court" (contempt).
You can also "appear before the court as your own proper
person". DO NOT say that you are REPRESENTING YOURSELF.
This is a trick like "have you stopped beating your wife".
(explained below).
You can also try this: hire an attorney as your counsel,
but DON'T give him general power of attorney (you could
outline exactly what the attorney is to do, or not do).
YOU do all the talking in court, YOU defend yourself as
you see fit, and require your agent to advise you only.
No matter what you choose to do, stay calm, do your homework,
be prepared.
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