Legal Question in Civil Litigation in California
My father, an older man, retired and living on social security, is being sued in civil court. He maintains all his cognitive faculties, however, he is petrified to speak and court, and as of the last hearing, was barely able to respond to the judge. While I fully realize, not being an attorney, that I certainly cannot represent him, would the court permit me to at least stand with him, and help respond to arguments, make his case by essentially having him repeat what I say to him? He is obviously doing this Pro Se, and in all my research, while it clearly states he must address the court, I cannot present find, at least with the resources at my disposal, anything that forbids my presence in assisting in communicating with court. Mind you, I would NOT be addressing the court directly.
3 Answers from Attorneys
No, the Court definitely will not allow you to speak for your father as you are his relative and not a neutral who could be relied upon to state exactly what he says. You propose that you answer the question and he just voice your responses. He would have to retain a professional translator or someone acceptable to the court [they may have free translator available; any language would be ok as they all speak English]. He needs a note from his Dr. explaining the problem. If he is any good with a typewriter he might get court permission to print out his answers on a computer; can he use a voice recognition program that he would speak into and would do the typing itself [since he has to speak to the program, if he can do that then you just give everyone a set of earphones to listen to what he says or turn up the microphone sound].
It is up to the individual judge. A Judge could allow it.
I disagree with Mr. Selik. If you are telling him what to say in a court of law you are practicing law without a license the same as if you were speaking yourself. It is not just appearing in court for someone that is not allowed. You cannot legally do ANYTHING that constitutes practicing law unless you are a licensed attorney. He needs to find a lawyer if he is unable to handle it himself.
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