Skip to content
NeCede's

Maxim 1.5.327

Every man is free to determine for himself whether counsel is advantageous to him.

Liberum est cuique apud se explorare an expediat sibi consilium.

Source: Wharton, III-175 Difficulty 3/5 — Intermediate

Explanation

No person may be compelled to accept legal counsel against his will — the right to represent oneself (sui juris) is inherent, and the decision whether to seek or follow advice belongs solely to the individual.

Where this applies

  • A judge pressures a pro se defendant to accept a court-appointed attorney, but the defendant invokes his right to represent himself because every person is free to decide whether legal counsel benefits him.
  • A court refuses to let a plaintiff proceed without a lawyer, and the appellate court reverses because the choice of whether to retain counsel belongs to the individual, not the court.
  • A government agency requires that all parties in administrative hearings be represented by licensed attorneys, and the rule is struck down because individuals have the inherent right to determine for themselves whether counsel is advantageous.

Legal domains

Cite this maxim

NeCede Max. 1.5.327 — Every man is free to determine for himself whether counsel is advantageous to him. — Wharton, III-175 (Liberum est cuique apud se explorare an expediat sibi consilium.)

Found an error? Suggest a correction →