Being your own Lawyer
Sometimes the money is not enough to do what needs to be done, leaving you on your own to do the necessary representing yourself in court, and being your own lawyer. Yes it is possible.
There are instances where the law may allow you to forego having a lawyer such as; when you need to claim the custody and maintenance of your child, for separation and maintenance (of yourself), during divorce, through succession, when dividing property acquired in marriage, when striving to preserve the same property during separation and the like. But in the case of murder you must be represented and if you cannot afford the services of a lawyer the government will usually provide or assign one to you through the pro bono arrangement.
Well, it is always better to hire a lawyer to represent you in legal tussles. But considering the fact that it is not always possible, especially due to financial constraints, as indicated earlier, a lot is required of you, which includes understanding court proceedings and the wide legal jargon involved. Representing yourself in court entails doing the filing of your paper work at the court registries, handling your opponent’s responses, complying with courtroom procedures, preparing evidence and lining up witnesses, presenting open statements and preparing submissions (the latter-if allowed), cross-examining your opponent, understanding and applying the rules of evidence, among others.
Documents to be produced: All the documents to be produced as exhibits must be originals. Photocopies are not accepted as evidence unless the court makes an exception, which must be for a good reason. Whenever evidence is supported by a document, the said document must be produced at the point of hearing. Documents must be produced by their makers. For example, if the document is a medical report it must be produced by the doctor who prepared it. If it is a police abstract or a P3 form then it must be produced by the police or doctor-unless the doctor or police, in this case are dead-then you may produce the documents after seeking leave (permission) of the court.
Usually, the documents required in court are: marriage certificates, birth certificates, death certificates, title deeds, searches, letters of allotment, receipts for school fees, rent and other purchases and expenses relevant to the case, fee structure, P3 form, police abstract, letter from the chief, medical treatment notes-all depending on what kind of case you have and what you are trying to prove. The original documents are returned to the owners at the end of the case upon request.
What to wear: A formal conservative look is ideal. Flashy make up and clothing will make you stand out of the court’s code of dressing (which is usually dull conservative colours) thus psychologically exposing you more, to your opponents.
What not to carry: Children, even if the case is specifically about them, mobile phones unless they are off, unnecessary witnesses, pets or food.
How to address the court: It should be respectful. If you are before a judge, refer to him as ‘My Lord’ or ‘Your Lordship’. Say, ‘My lady’ if she is female. If the case is in the lower court before a magistrate, refer to the magistrate as ‘Your Honour’.
What evidence is relevant: One that is clear and precise. Evidence that is not related to the case only wastes the court’s time. A stone that you see coming will not kill you: thus the need to highlight the shortcomings that are likely to come with representing yourself in court.
Whereas one being represented by a lawyer can be re-examined (asked questions by his lawyer to clarify his statements) after a cross-examination (questions asked by the opposing lawyer to nullify your claims or accuse you), you cannot re-examine yourself or your witnesses.
Sometimes the court may not allow you to do submissions-which if well and tactfully done may greatly influence the positive outcome of your case. As you can see, self representation is indeed a tricky affair. That is why, FIDA’s Deputy Executive Director, Grace Kimani, says as much as they train women to self-represent themselves, those who FIDA Kenya eventually allows to do so have passed through a lot of vetting to prove them capable.
This is in terms of understanding the rigorous legal proceedings, having the personality to withstand the pressure that comes with court processes, and the wit and confidence to present her case precisely and conclusively without leaving room for counteracting cross-examinations.
END: PG 23/57-58