The Law Dilemma

"The lawyer who tries his own case has a fool for a client" - Old Adage

Durham Law School at the University Of Durham.

by Kudakwashe Kanhutu

Protagoras was a teacher who lived in Greece during the 5th Century B.C. He taught many subjects but specialized in the art of pleading before juries. Eulathus wanted to become a lawyer, but, not being able to pay the required tuition, he made an arrangement according to which Protagoras would teach him but not receive payment until Eulathus won his first case.

When Eulathus finished his course of study, he delayed going into practice. Tired of waiting for his money, Protagoras brought suit against his former pupil for the tuition money that was owed. Unmindful of the adage that the lawyer who tries his own case has a fool for a client, Eulathus decided to plead his own case in court. When the trial began, Protagoras presented his side of the case in a crushing dilemma:

"If Eulathus loses this case, then he must pay me (by the judgement of court); if he wins this case then he must pay me (by the terms of the contract). He must either win or lose this case. Therefore Eulathus must pay me."

The situation looked bad for Eulathus, but he had learned well the art of rhetoric. He offered the court the following counter-dilemma in rebuttal:

"If I win this case, I shall not have to pay Protagoras (by the judgement of the court); if I lose this case, I shall not have to pay Protagoras (by the terms of the contract, for then I shall not yet have won my first case). I must either win or lose this case. Therefore I do not have to pay Protagoras!"

Notes: 

Copi, Irving. M. Introduction To Logic. New York: The MacMillan Company, 1961. pp.231 - 2.