k2 SMU Publication: The New Paper, p 14 & 15 Date: 18 July 2009 Headline: More representing themselves in court

REPORTS: CRYSTAL CHAN -.com.sg

M ORE people are choosing to repre- sent themselves in corn - often withlittle success, though.

Three prisoners now defendmg them- s&es against charges of assaulting their former cellmate are thelatest inatrendofDN defendants.

In February, pet owner Pheabe Chau won $2,500 h m Edcsson Pet Farm after it sold her a sick dog that died eight days after the pur- chase.

criminal lawyer Subhas Anandan ob- s e n d "A few years ago, for every 10 accused persons, only one would defend him&. Now, it's two to three for every 10 accused persons."

The same trend is hap- in the Unit- &States. (See other report).

Lawyer Nicholas Cheong told The New Paper that the most common reason people choose to represent themselves is to save on legal fees.

He noted that people who represent them- selves in court are usually those fighting di- vorceand private summons cases.

Madam Michelle Lee, 40, an accounts clerk earning $1,800 a month, represented herself in her divorce in 2006. She argued succedully for her ex-husband to pay her maintenance.

She said: "Hiring a lawyer was out of the question. I couldn't afford the fees and I didn't qualify for legal aid And I believed the court would take my side because I have two children to support"

A well-known case of a woman represent- ing herself in a divorce- andwinning- is that of Englishwoman Jane Rebecca Ong.

In 1996, she took on two of S i r e ' s legal titans, Senior Counsels Harry Elias and Tan Tok Quan, and won her case against her eslmqed husband, Mr Ong Siauw Tjoan. MsOngsucceduUyarguedthatshewas

entitled to part of her late father-in-law's es- tate,whichwas worth millions.

Mr Chwng explained: "Divorces and pri- vate summons are personal matters so it is not dXj5cult to represent yourself because you how the details of what happened

"That makes it easy for, say, awife to argue for maintenance or custody, because she would know her own h c i a l simtion as well as how much her husband makes."

Mr Subhas said some defendants believe theycando abetter job thanlawyers.

Assistant Professor Eugene Tan, who teaches law at the Singapore Management University, said: "Such litigants may feel that lawyers can't pursue a line of questioning or approach a case in a manner they're comfort- able with. In short, these people feel that self-help is the best way forwad"

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LAWYERSSAY:

More representing themselves in court

One example was Tan Chor Jin, the 'One-eyed Dragonnn who was hanged in Janu- ary for fatally shooting nightclub owner Iim Hockso0ninU)OG.

He discharged his lawyer and chose to defend himself at his &ial in 2001. For his appeal, however, Tan hired Mr Subhas.

Mr Subhas said, explaining why Tan dis- chargedhisfirstlawyer: "Somedentsinsist that they want to put f o d a certain argu- ment for their defence but it's not feasible and ifwe bring it up in court, the judge won't accept it"

For those who cannot afford a lawyer, the Law Society has a criminal legal aid scheme, whichisgiventothosewhopassthemeans test

for legal ald To qualify, single applicants must have a

monthly income of less than $1,300, wMe married applicants must have a combined monthlyincome ofless than$1,700.

The Legal Aid Bureau also provides law- yers for free in civil and marital cases - if you earn less than $10,000 ayear.

put forward a certain argument for their defence but it's not feasible and if we bring it up in court, the judge- won't accept it. " -Lawyer Subhas Anandan on why Tan Chor Jin, or 'One-eyedDragon' discharged his first lawyer

The state will assign a lawyer to those fac- ing capital pumhment, if they don't get one on their o m said Mr Cheong.

But most of them do hire lawyers, said Mr Subhas. "Those accused of capital offences usually don't want to take the risk (of repre- sentingthemdvs).

"You don't know what can happen. Some- times, during cross-examination, the answers the other person gives could get you into more trouble."

Even lawyers rarely choose to represent themselveswhen they are involved in acase.

Mr Subhas chose to hire a lawyer to sue Singapore Airlines for compensation over his brother's death in the WOO6 crash in Taipei in2000.

He explained: "It's better to let a third pany handle the case because you can get carried away or become emotional as you're personally involved.

"Besides, the proceedings involved avia- tion law and it was something I wasn't famil- iarwith."

Eventually, SSIAreachedout-of-court settle- ments with all the plain&.

Self-defendants slow courts down COURT&&k aaoss theunited States have noted that more cash--vped people are representingthemdvesincourr,

Andithas led to more

Judges complainedthat people missdeadlinea failto bdnr!the&t documenbord-a;;dare- ~ p l y u n p m b r l e g a l -. Such mistakes make it morelikely

theywinlosethe case-nomatter the merit oftheir cases.

RecordsofNewYorlZsfamily courtsshowthatinthe~sixweeks ofthisyear.neatfy95percent of Migants did not have alawyer, w m p a ~ l w i t h 8 8 ~ i n a l l o f &year.

I n ~ t h e n u m b e r o f plain~withoutalawyexmeby 22 per cent, whiledefendants rep-th-mby %percent

Prof Tau agreed that when one argues one's own case, there is the dsk d being too imr0lvedtoargue~onatelyandeEec- tively.

He said: "Emotions may get the better of the litigant Whereas if a lawyer handles the ase,heorshepmvidesayselonthenext step orline of questioning.

DimlcwB Also, a layman could get tdpped by court

proceduresandhavingtogettbingsrigbt mayd&actaMiganthmpqaringbrthe case.

Prof Tau is unaware of any &@cant vic- toriesbyliligantsinperson

Butcemholsesaresominorthatlawyers a r e u n u v , saidMr Subhas

"For example, ifyou aredmgedwithdxiv- ing without a licencq you may as well plead guiltyandsavethelegalfesstopaythe6ae."

But that does not mean that if you are pleading guilty to an offence, you don't need alawyer.

He "For more sexious o£fences, the lawyerwouldbeable to bringupallthemiti- g a t i n g ~ t o g e t y o u a l e n i e n t ~

Source: The New Paper O Singapore Press Holdings Limited. Permission required for reproduction.