Legal Representation

   September 25, 2024  Posted in Areas of Law

Legal Representation is a Right in the USA that is governed by the Bill of Rights which requires:

  • Availability of Assistance of Counsel (U.S. Const. amend 6).
  • Access to Civil Courts for Injuries over $20 (U.S. Const. amend 7).
  • Proportionate bail, fines, and punishment. Bail and fines can not be excessive nor can a punishment be cruel or unusual (U.S. Const. amend 8).
  • Retention of Rights that were not enumerated at the time of the U.S. Constitution such as those that were enumerated later (U.S. Const. amend 9).
  • Due Process to be followed prior to depriving a person of life, liberty, or property (U.S. Const. amend 5).

The U.S. Constitution does not require full scope representation, that is, that an attorney or lawyer represent a person in court without the person being represented having an appearance or statement in the proceedings. However, assistance of counsel is required, if needed, and that is normally known as limited scope representation.

An unenumerated list of rights that are available to U.S. Citizens through the 9th amendment can be found in the UDHR which is the Universal Declaration of Human Rights ratified by the UN.

In the U.S. Courtroom, this includes the following rights with regards to selecting a full scope courtroom or hearing representative, choosing limited scope representation, or deciding that self representation will be the best form of legal representation:

  • Right to a fair and public hearing when criminal charges are allegated (U.N. UDHR art. 10).
  • Right to not be subjected to arbitrary arrest (U.N. UDHR art. 9).
  • Right to effective remedy for violations of fundamental rights (U.N. UDHR art. 8; 18 U.S.C. ยง 242).
  • Right to be treated without discrimination before the law and without incitement towards discrimination (U.N. UDHR art. 7).
  • Right to recognition as a person before the law (U.N. UDHR art. 6).
  • Right to take part in the government directly, or through freely chosen representatives (U.N. UDHR art 21).
    • This can include government proceedings, hearings, or processes that are directed against a person.

There are various other rights with regards to court hearings, processes, procedures, arbitration, mediation, and legal agreements; and some can get complex, but the first step in selecting the correct legal representation is knowing:

  • what the allegations are,
  • what the law says, and
  • what the court proceedings will look like in a fair trial.

This guide, is just to get started on selecting the correct representation; other guides will cover different legal credentials, and the requirements for self representation.

Author: Joshua Cuellar