Legal Question in Civil Litigation in California

can I have the Itnerrogatories mailed to me if I'm representing my brother?

My brother (in northern CA) is going through a civil lawsuit, (in pro per)can't afford an atty, legal aid is not much of help & my brother is not great at following through.

A year ago, he signed a paper giving me the authority to represent him (when we did have an atty).

I scanned in the interrogatory/ admission papers, using them a template so I can ask the plaintiff our own questions for discovery.

I live in southern CA and need the plaintiffs answers to come to me. Do I need to attach the authority to represent to the paperwork or how do I identify myself (since the return mailing address will be mine) since I cannot say: Attorney for Mr. Jones.

Do I just say Representative for Mr. Jones?

Also, when I send the plaintiff the questions does that now make us the Propounding party and her the Responding party?


Asked on 5/25/09, 1:54 pm

4 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: can I have the Itnerrogatories mailed to me if I'm representing my brother?

You cannot legally represent your brother in court or any other capacity based on the facts you have described. If you do, you are engaging in the unauthorized practice of law and that is a crime.

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Answered on 5/25/09, 2:00 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: can I have the Itnerrogatories mailed to me if I'm representing my brother?

Only a licensed attorney may represent another person in court proceedings. That includes discovery and other parts of the process that take place outside the courtroom. Doing what you describe would be practicing law without a license, which is illegal. That your brother has given you permission does not change this fact.

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Answered on 5/25/09, 2:04 pm
Richard T. Rosenstein, Esq. ROSENSTEIN LAW OFFICES 1-888-500-5291

Re: can I have the Itnerrogatories mailed to me if I'm representing my brother?

If you are not a licensed attorney, you may not represent your brother.

As a point of information, please be advised that �6126 of the California Business & Professions Code specifically prohibits the unauthorized practice of law. The unauthorized practice of law is considered a crime in the State of California.

Therefore, it is suggested that your brother hires a licensed attorney at law to represent him in Court.

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Answered on 5/25/09, 2:37 pm
Terry A. Nelson Nelson & Lawless

Re: can I have the Itnerrogatories mailed to me if I'm representing my brother?

Nice try, no brass ring. Unless you are licensed to practice as an attorney in CA, you can not 'represent' anyone in court and litigation matters. Doing so is the illegal practice of law, a crime. The opposing counsel has no obligation to cooperate with you, and will not. They should report to court and authorities your attempt. Your brother could have you prepare papers for him to sign and he could act 'in pro per', at the risk of ruining his case through lack of knowledge and mistakes. If you and he don't know how to effectively litigate his case, seek help from some public service law firms or charities there. Call the local Lawyers Referral Service for help.

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Answered on 5/25/09, 3:20 pm


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