Say What? - A man who is his own lawyer has a fool for a client / Hard cases make bad law
The law and legal matters loom large in the minds of many. Today we'll take a closer look at a pair of expressions that have their genesis in the courtroom.
The adage "A man who is his own lawyer has a fool for a client" appears to date from the early 19th century. According to the website The Phrase Finder, one example of the saying was recorded in 1814 by Henry Kett in The flowers of wit, or a choice collection of bon mots, where it appears as "I hesitate not to pronounce, that every man who is his own lawyer, has a fool for a client."
Although the expression is often used specifically to refer to people who represent themselves in court and make a mess of it, it also can be used to comment more generally about the inadvisability of attempting to do any complicated task yourself, as opposed to seeking out an expert:
"Wow, I couldn't stop looking at Hikaru's hair," said Kenji, as they left the restaurant. "It looks like he cut it himself."
"That would be almost impossible, wouldn't it?" said Shiro.
"Sort of, but it's more like it's just a bad idea, even for a pro. I mean, in your line of work, don't they say, 'A man who acts as his own lawyer has a fool for a client'?"
"I think it's an American saying, but yes, you have a point," said Shiro. "Even a seasoned attorney like the chief of our firm would hire someone else to represent her in court."
Our other saying, "Hard cases make bad law," was first recorded in an actual legal case: Winterbottom v Wright, a British case dating from 1842, where the judge is quoted as saying:
This is one of those unfortunate cases... in which, it is, no doubt, a hardship upon the plaintiff to be without a remedy, but by that consideration we ought not to be influenced. Hard cases, it has frequently been observed, are apt to introduce bad law.
The justice meant that even though the jurors might be tempted to rule more harshly because of the sad situation of the victim in the case, it would not be appropriate to do so: to keep the scales of justice balanced, the law must be followed in the same way even when a particular case might seem more extreme than most:
"The man is a control freak!" said Junior. "His wife has been a nervous wreck ever since she had to leave him. We ought to be persuading the judge to offer the most severe penalty."
Shiro shook his head, and to his relief, so did Madam. "We must consider only the facts of the case," she said. "The truth is, Mr. Hirada did nothing out of the ordinary in these types of cases, and with appropriate payments, his wife will have the resources to recover. I know Mr. Kakei agrees; don't you, Mr. Kakei?"
"Indeed, Madam," said Shiro. "As the famous British judge, Rolf, observed: hard cases make bad law. Mrs. Hirada's condition has as much to do with her particular personality as it does with her husband's actions."
Should your characters find themselves in a legal situation, of course, you may well have reason to use these sayings, but they could also be used in other circumstances. As Kenji notes, anyone can get himself in trouble by attempting to handle something complex instead of seeking the help of a professional. The second saying is a little more firmly rooted in the court of law, but you could also have any highly educated or well-read person use it to express disapproval of an over-the-top reaction:
"Hey, you know that nice kid we hired last week as a shampoo girl?" said Kenji, looking gloomy.
Shiro turned the heat down under the beef and daikon stew and put the lid on. "Mmm … yes, you said her name was Mayu, didn't you? From Osaka."
"Yeah, Mayu. Well, now my boss wants to fire her. Today she sprayed water on a customer's shoes."
"Well, a ruined pair of shoes could cost the customer quite a bit of money."
"No, they were hardly damp. But that customer is a pain anyway. Most of the time, even I can't charm her."
"Ah. In that case, perhaps your boss is over-reacting. As they say in the courtroom, 'Hard cases make bad law.'"
Source
- A man who is his own lawyer has a fool for a client (The Phrase Finder)
- Facts on File Dictionary of Proverbs by Martin H. Manser, Facts on File Inc., 2002