Legal Question in Constitutional Law in California

The right to an attorney

Can any ordinary citizen represent him/herself and file a case or appear before a court of law without an attorney if he/she so desires? In other words, are there any provisions in Federal or state (California) legislation making the assistance of an attorney compulsory?


Asked on 5/08/02, 3:35 pm

2 Answers from Attorneys

David Beauvais David J. Beauvais

Re: The right to an attorney

There is no requirement that an individual be represented by an attorney in court. However, corporations must appear by counsel.

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Answered on 5/08/02, 4:29 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: The right to an attorney

Individuals can represent themselves in court, though it is usually better to have an attorney because attorneys know the rules and are less likely to make costly procedural errors. The only circumstances I can think of offhand which would preclude self-representation involve people who have been declared "vexatious litigants" based on their past history of filing frivolous cases without counsel. Even such plaintiffs can proceed if they have counsel, or in pro per if a judge reviews their complaint and finds it not to be frivolous.

As Mr. Beauvais points out, corporate entities cannot appear on their own and must retain counsel. There is an important exception to this rule, however -- a corporation can send a non-attorney employee or officer to represent it in small claims court.

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Answered on 5/08/02, 4:35 pm


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