Legal Question in Civil Litigation in California

Re: lawyer in Cal

Lawyers can participate in many small claims activities. The one big thing they cannot do is represent the client at the original trial.

As an attorney, I have acted as a witness in a clients case, I've helpec clients enforce judgments, file and defend motions and handled appeals. It's the initial trial where attorneys generally cannot participate.

Re: lawyer in Cal

If it's a corporation involved in a small claims case, a corporation must have a representative appear at the trial. Often, that's an attorney. Also, attorneys can be involved in cases in which they're a party. However, rather than having a pro tem judge (one sitting for the day), they or the other party should ask for a sitting judge to avoid the appearance of impropriety, since lawyers often know each other.

Re: lawyer in Cal

Attorneys may not represent a part at trial. But for post trial proceedings they can.

Re: lawyer in Cal

If the lawyer is one of the parties, there's no prohibition on using small claims court.

Lawyers can also handle post-trial matters such as Judgment debtor examinations, collection action, etc.