Four things an attorney can do that you simply cannot do yourself

Most descriptions of legal help are about expertise, which anyone can acquire slowly. The more useful distinction is the set of powers that come with the license.

Article details
AuthorCorinne Adeyemi
SectionLaw & Legal
Published
Length950 words · 4 min
A bound document with a colored cover page resting on a desk beside a pen and a pair of reading glasses
Fig. 1 — A bound document with a colored cover page resting on a desk beside a pen and a pair of reading glasses

Deciding whether to hire an attorney is usually framed as a question about knowledge: do you understand this well enough to handle it yourself? That framing is misleading, because a determined person can learn a great deal about a narrow problem, and often does.

The sharper distinction is about powers. There are things an attorney can do because of the license, which a self represented person cannot do at all regardless of how much they have read. Four of them, and knowing what they are makes the hiring decision much clearer.

1. Compel the other side to produce evidence

In a filed case, discovery lets a party demand documents, written answers under oath, and testimony from the other side and from third parties. A subpoena obliges a person or a company to produce records or appear.

This is the single most consequential power on the list, because a large share of disputes turn on material that only the other party holds: internal emails, inspection records, service histories, the file showing what they knew and when.

A self represented party in a court that permits discovery can technically use these tools, and in practice rarely uses them effectively, because the procedure is exacting and a defective request gets ignored or struck. In arbitration and in small claims, discovery is limited or absent entirely, which is worth factoring into which forum you choose.

If your case depends on proving something the other side is holding, this power alone often justifies the engagement.

2. Protect what you say under privilege

Communications between an attorney and a client, made for the purpose of obtaining legal advice, are generally protected from disclosure. That protection lets you be completely candid about the weaknesses in your position, which is the only way to get advice worth having.

There is no equivalent protection for a conversation with a friend, an accountant in most contexts, or a message to a contractor. People routinely damage their own position by discussing a dispute in writing with someone who can be compelled to produce it.

The related practical point: once a dispute is foreseeable, be careful what you write anywhere except to your attorney. A frustrated message sent at eleven at night is discoverable and reads badly a year later.

3. Represent you formally in places you cannot represent yourself

An attorney appears on the record, signs pleadings, negotiates on your behalf, and in some settings appears without you having to be present. A credentialed representative can also act for you before certain agencies, which matters in tax matters, immigration matters, and various regulatory proceedings.

There is a second effect that is not about procedure. Correspondence arriving from an attorney is routed differently inside an organization from correspondence arriving from a customer. It reaches a legal or claims function rather than a service queue, and the person reading it evaluates it against the possibility of litigation.

That is not a comment on the fairness of it. It is a fact worth knowing, and it is part of what a demand letter on letterhead is actually buying.

4. Create instruments that only work if drafted correctly

Some documents do nothing at all unless they meet formal requirements. A mechanics lien has strict deadlines and content requirements and is void if either is missed. A settlement agreement that does not properly release the claim leaves the matter open. A deed, an easement, a waiver, a corporate resolution and a will all have form requirements that vary by state.

These are the cases where doing it yourself does not produce a slightly weaker result. It produces nothing, and the failure is usually discovered at the moment the document is needed.

The power that is really a habit

A fifth item belongs alongside the four, though it is not a legal power so much as a professional discipline: knowing what a matter is worth and being willing to say so.

Someone in their own dispute is a poor judge of it. The claim feels larger than it is, the other side's position seems weaker than it is, and the cost of continuing is discounted because it arrives in small pieces. An attorney who handles this kind of matter every week has watched dozens of them end, which produces a calibration that no amount of reading substitutes for.

That is why a single paid hour is frequently worth the money even on a matter you intend to handle yourself. You are buying a realistic assessment from someone with no attachment to the outcome, and the most common thing that hour produces is a decision to spend less rather than more.

What follows for the decision

Map your problem against those four. If it needs evidence someone else holds, if it will produce a formal instrument, if it involves a deadline you cannot afford to miss, or if you need to be able to speak freely about a weakness in your position, the powers are the reason to hire rather than the knowledge.

If none of them apply, and the amount is within your small claims limit, and the evidence is already in your possession, handling it yourself is entirely reasonable and frequently the better value. Plenty of disputes are exactly that shape.

One middle option is worth repeating because it fits this analysis well: limited scope representation, where an attorney handles one defined piece rather than the whole matter. Hire the power you actually need, which might be drafting one document correctly or advising on one decision, and do the rest yourself. Not every attorney offers it, but many do, and it is the arrangement that most closely matches what the four powers above are actually worth.

About the author

Corinne writes for readers doing some of the work themselves.