Why do we need lawyers?
If you practice criminal defense, you've encountered "jail house lawyers". They might be your client, who thinks he knows the law, and wants to control his defense. More common though is the friend who is advising your client, and second guessing everything you do. If your client is incarcerated, you can rest assured they are getting advice, whether solicited or not.
Since I handle a fair number of appeals and post-conviction matters, I encounter jail house lawyers fairly often. Inmates in prison have access to law libraries, and many spend a lot of time there. Of course, they have no one to guide them, except for other inmates. It's sort of like turning a Fifth grade class over to six graders. They might know more than the fifth graders, but they certainly don't have anywhere close to the knowledge their teacher has.
For some reason, people seem to think the law is simple. All you have to do is read a statute, and maybe a couple of court opinions, and you will know what the law is. I can't tell you how many times I've had people tell me they have researched their case, and they know something was illegal. Very seldom are they ever right; if they are, its usually for a completely different reason. Even relatively bright people think that's a simple matter to learn what the law is on any particular issue; after all, we do have the internet now.
There is a reason you need a degree before you can even apply to law school. There's also a reason why you have to go to law school for 3 years. It's not simple. All you need to do is ask a first year law student; they spend a major portion of their year just learning how to read and interpret legal decisions and statutes. In many ways it's like learning a new language; lawyers don't talk write or talk like other people, which is something you would think is apparent to everyone. If it was as simple as most people seem to think, you wouldn't need to go through that torture.
I've taught post-conviction procedure at a law school, and I know how difficult it is to understand some legal concepts. I've taught some young people who were the smartest ones in College, and I haven't had one yet who would turn over a case to. Sure they can do research, but they still don't have the knowledge and experience to put it all together. I don't know many defendants who would let a student represent them; yet they have no problem trying to control their own defense, believing they know what the law is. The sad part is that many of those people don't even have a high school degree.
People don't do this in other professions. I consider myself fairly bright, yet I don't go read up on a medical condition and try to treat myself, or tell my doctor how to treat me. For the same reason, I don't try to tell my mechanic how to fix my car. I understand they have the experience and expertise I don't have.
The most common thing you hear defendants say when they are going to prison is that they are get into the library and work on their case. Some are nice enough to tell you they are going to help you out, since they will have a lot of time to spend. I'm all for bettering yourself, but that is not the way. Work on a degree or learn a trade. There are plenty of ministries in prison, and you can work on your faith. Those activities will help you; working on your case is not going to do anything but make your lawyer's life more difficult. Time for lawyers is a premium. If they have to spend time trying to educate client, and explain why the great case he found doesn't apply to his situation, that is time they are not spending on your case.
You hire a lawyer for a reason. Let them do their job, and trust their judgment.
