{"id":4340,"date":"2003-08-25T15:37:35","date_gmt":"2003-08-25T19:37:35","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/formerlyknownas\/2003\/08\/25\/finding-self-help-info-on-bar"},"modified":"2011-08-05T15:00:43","modified_gmt":"2011-08-05T19:00:43","slug":"finding-self-help-info-on-bar-association-websites-good-luck","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/2003\/08\/25\/finding-self-help-info-on-bar-association-websites-good-luck\/","title":{"rendered":"Finding Self-Help Info on Bar Association Websites (Good Luck!)"},"content":{"rendered":"

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Clicking the “Public\/Consumer Resources” button on bar association websites can quickly turn Pollyanna Advocate into skepticalEsq!<\/em>.\u00a0 It is rare to find a bar\u00a0group that lets the public know about viable alternatives to hiring a lawyer for solving legal problems. <\/span><\/div>\n
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The defensively plaintive refrain I hear when raising this issue is “Gee, you don’t expect us to put ourselves out of business, do you?”\u00a0\u00a0 No, I don’t.\u00a0 But<\/em>, I do expect responsible “counsellors” and advisors to fulfill their professional and fiduciary duty\u00a0by giving consumers\u00a0objective information about\u00a0the various ways to solve\u00a0a legal problem<\/em>. <\/em><\/span><\/div>\n

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With that standard in mind, let’s look at some examples from cyberspace involving information on self-help resources.\u00a0 [My search could not be even close to exhaustive, so I hope visitors will let me know of examples, both the good and the bad.]<\/span><\/div>\n
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Starting on a positive note, I invite bar association\u00a0officials and webmasters to view the Santa Clara County (California) Bar Association<\/a> website. <\/span> When you click on Lawyer Referral\/Public Resources, you get a drop-down menu that lets you access its Self-Help Center\/Legal Consumer Resource Center<\/span>.\u00a0 The introduction rightly claims uniqueness for the site, which offers over 130 links in several categories, including alternative dispute resolution, small claims and traffic court, and individual areas of law:<\/span><\/div>\n
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The Internet provides vast resources for self-help with legal matters. The Santa Clara County Bar Association is pleased to provide this unique Center for the public to assist you in more easily and efficiently helping yourself. This is a comprehensive gateway to on-line information about the law, legal procedure, and legal documents.<\/p>\n

Though there are many simple legal matters, which you may be able to handle without the assistance of a lawyer, we strongly recommend that for the majority of legal maters an individual should seek the assistance of a lawyer; the law can be more complicated than it seems and court procedure more exacting than a non-lawyer can be expected to know. Even a consultation with a lawyer before deciding to represent yourself can be important to a successful resolution of your legal issue.<\/p>\n

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This o<\/span>pen-minded view toward self-help options is far different than the silence or scare tactics found far more often on bar websites<\/span>.\u00a0 E.g.<\/em>, the Ohio<\/strong> State Bar Association website offers a Consumer Resources LawFacts Pamphlet, “Attorneys<\/a>.”\u00a0\u00a0 There is no direct mention of self-help alternatives in the brochure.\u00a0 Instead, you’ll find this message:<\/span><\/div>\n
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Remember that when you have a legal problem, you should go to a lawyer. Be wary of advice and opinions from persons who are not lawyers. To consult someone who is not an attorney about a legal problem is always risky and often costly. Generally, no two legal problems are exactly alike.<\/span><\/div>\n<\/div>\n<\/blockquote>\n
More strikingly, the New York<\/strong> State Bar Association pamphlet <\/span>\u201c<\/a>You and Your Lawyer<\/a>\u201c <\/span>(which we gave our Judee<\/a> Pamphleteering Award on\u00a0August 9, 2003) <\/span>contains the following section (emphasis added):<\/span><\/div>\n

Why you should not seek to handle your own legal affairs <\/span><\/strong><\/p>\n

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A number of do-it-yourself “kits” are offered for sale from time to time. Kits are available for getting a divorce, declaring bankruptcy, or forming a business. It’s not illegal <\/span>for you to use these for your own affairs; however, you risk paying the consequences<\/span>. Kits may appear to save you money, but a minor detail, one that you might overlook but one that a lawyer is trained to notice, could result in a loss far greater than what you “save”<\/span> by trying to be your own lawyer. After all, there’s an old saying, even for lawyers, that “he who represents himself has a fool for a client<\/span>.”<\/span><\/p><\/blockquote>\n

The NYSBA pamphlet\u00a0The Attorney’s Role in Buying or Selling A House<\/a><\/em><\/span> uses\u00a0a similar strategy.\u00a0\u00a0 It starts with the question “Do I Need an Attorney?”, then lists in detail 10 transactions (from dealing with the broker, to arranging financing, to searching title, and conducting the closing) that are part of the process.\u00a0\u00a0\u00a0It baldly asserts that\u00a0an attorney “usually has more experience dealing\u00a0with them than any other service providers for the transaction.”\u00a0\u00a0 The pamphlet\u00a0concludes\u00a0with the statement:<\/span> “An attorney’s help and guidance are essential from the time you decide to buy a house until the actual closing. [all-caps,\u00a0bold\u00a0 blue print] That’s Why You Need an Attorney.”<\/span><\/span><\/div>\n
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