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Representing oneself

There is an expression in law that if you represent yourself, you have a fool as a lawyer.  Basically, it is a stupid thing to do!  I am reminded of this on a weekly basis when we receive e-mails from people who have handed their own claims with the Road Accident Fund.  I have received e-mails from people who don’t want to do claims, who have told us that they have lost interest in the process because previously they settled a serious case themselves with the Road Accident Fund directly for very little money and so it makes no sense.  That ignores the fact that an attorney of course would not have settled the case for as little as they did.  

Another very common e-mail that we receive is from people who have given their claim to the Road Accident Fund a few years previously, but have not managed to finalise it, often because there is so much paperwork involved and have now discovered that the Road Accident Fund says that their case has prescribed because they never issued a summons against the Road Accident Fund in time!  The Road Accident Fund is simply advising the client as to what the law is, but I hardly think that you can appeal to members of the public to approach you directly to do claims, and then not assist them in issuing summonses against your own business.  That does sound ridiculous, but perhaps that is exactly the problem – it is ridiculous to have the Road Accident Fund representing you in a case and expect them to help you sue them properly and issue a summons against themselves!

Posted by Michael de Broglio on Monday 11-Nov-13 Share on Facebook   Tweet It

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Comments

Thabitha  said:
on Friday 29-Nov-13 03:30 PM
It is ridiculous people must think again or just get more information before jumping in to something like this.

Catherine  said:
on Friday 15-Nov-13 03:32 PM
Representing oneself is definitely not a good idea, one will tend to be biased than being objective.

Cindy  said:
on Thursday 14-Nov-13 08:07 AM
I have to agree with Lee Ann. You cant represent yourself against a lawyer if you do not have the knowledge to do so. It would really be a silly thing to do.

Lee-Ann  said:
on Wednesday 13-Nov-13 08:52 AM
Even when I got my degree and entered the profession I was clueless as to what to do. Experience got me where I am. It is definitely not wise to represent yourself without having legal knowledge or experience.

Lizanne  said:
on Wednesday 13-Nov-13 08:41 AM
I would say that in my opinion it looks suspicious for a layer to represent him/herself?

Iola   said:
on Wednesday 13-Nov-13 08:03 AM
I would hate to represent myself , sure you could read up on how to represent yourself but you were never trained for that it could place a lot of stress on oneself .Its why we have people trained with a certain set of skills you cannot simply walk into a hospital and operate on a patient so why are people allowed to represent themselves

Lucretia  said:
on Tuesday 12-Nov-13 04:48 PM
I would not take out my own appendix, so why on earth would I want to represent myself in a Court of Law. People have different fortes in life, let the professionals handle what they have studied for. Sit back and let others do the hard work for you for a fee, as long as its a justifiable fee, I believe it is money well spent.

Benita  said:
on Monday 11-Nov-13 03:58 PM
People who handle their own claim really do not think it through. They think they will end up with less after the attorney takes their cut, but what they do not realise is that the bigger the value the attorney also benefits so they will setlle it for more and the client will then get more

Ashleigh  said:
on Monday 11-Nov-13 02:26 PM
I could never handle court related issue's on my own. Keeping track of all the paper work would be such a nightmare. And trying to feel confident that you are ready for court when you do not know what really lies ahead for you. Not just that, you wouldnt know what is requested of you half the time. Thank goodness that you have people in this life who's jobs are to represent you.

Angelique  said:
on Monday 11-Nov-13 01:58 PM
Some people are just looking for a quick-fix. People don't realise that you can report your attorney to the Law Society if they 'try' and rob you. There are laws that protect them so why not just use an attorney.

Kaylee  said:
on Monday 11-Nov-13 11:39 AM
Clearly the reason a law degree was invented. It really does make a difference working with a professional. No matter how much information you read on the internet, you will not understand the process like a professional.

Thembi  said:
on Monday 11-Nov-13 11:03 AM
They think claiming direct with the Fund will speed up the process without knowing that they won't get the money they deserve for their injuries.The lawyer knows his/her job and will make it easy for them.

Juliet  said:
on Monday 11-Nov-13 10:30 AM
People are naive and suspicious. They always believe it will be different for them, they will do it the right way, and then they fail.

Lourien  said:
on Monday 11-Nov-13 10:01 AM
As Melissa said, you need an Attorney that handles matters of interest, and that knows what procedures there are to follow. Using an the correct Attorney will only be a benefit to any person.

moenisha  said:
on Monday 11-Nov-13 09:58 AM
Some people say they don't trust attorneys because of hearsay they don't understand is it is so much better using an attorney

Sally  said:
on Monday 11-Nov-13 09:58 AM
Representing yourself in the law and then on top of that against a state institution is definitely not a wise thing to do.

Melissa  said:
on Monday 11-Nov-13 09:56 AM
When opening a claim, one should always remember that you need experience in handling any type of matter, this is the reason why you need to go to an Attorney that Specialise in the matter you are involved in.

Sorea  said:
on Monday 11-Nov-13 09:54 AM
I suppose people do not always remember that we study for so long for a reason.

Bianca  said:
on Monday 11-Nov-13 09:53 AM
The worst thing that one could do, is to be your own lawyer if you have no legal knowledge or are not yourself a lawyer. Leave it to be professionals I always say. The good results that top firms like ours receive should be enough to encourage clients to always use a lawyer.

Yolandi P  said:
on Monday 11-Nov-13 09:51 AM
I think its sad that they lull people who don't know of any better into a false sense of security just to pull the rug out from underneath them. Sure, there are those who want to be stingy and go directly to the RAF in order to cut out the "middle man" so that is their just deserts in my opinion. Then again after the Bobroff debacle I understand the hesitancy that people may have...

Anjelica  said:
on Monday 11-Nov-13 09:50 AM
I have to agree with Lorette. I personally think it's just better not to do their claim directly with the Road Accident Fund, there is a reason why we work with these type of things.

Alexis  said:
on Monday 11-Nov-13 09:48 AM
Never go with a company that you are going against, youwill never win and never get what is due to you - cutting the middle man out is not always such a good thing

david  said:
on Monday 11-Nov-13 09:45 AM
just as you would not perform brain surgery on yourself, it is madness to attempt to be your own attorney.

Lorette  said:
on Monday 11-Nov-13 08:09 AM
They obviously did not think this through or what did they think? People think they know but they don't have an idea.

Simone  said:
on Monday 11-Nov-13 07:54 AM
I completely agree with you and I wish more clients will realise that it is a waste of time to try and do the claim directly with the Road Accident Fund. They are not helpful and in the end it will most probably feel like there was no use to even put the claim in. If you however do get attorneys to represent you the process will be much more pleasant.

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Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
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