Legal Question in Civil Litigation in California
Can a Lawyer appear in small Claims Court
I own a advertising company
and one of my advertisers is sueing me in small claims. My customer is an attorney.he is claiming he didn't understand
elements of the contracts.we are inocent and it is my understanding that titles of nobility (attorneys) are not allowed in small claims. he is sueing me as the plaintiff.this case should be dismised. As an attorney I dont think he can say he doesn't understand.
2 Answers from Attorneys
Re: Can a Lawyer appear in small Claims Court
First of all, being an attorney is NOT a title of nobility. That is tax protester nonsense.
Attorneys cannot represent OTHERS at the initial TRIAL of a small claims matter. Attorneys can participate in most other other small claims matters such as an appeal or helping to collect the judgment.
Attorneys can represent themselves in small claims court on their own matters. I have personally sued clients (and won) in small claims court when the did not pay me.
As for the merits of the attorney's claims, you will need to make those arguments to the judge.
Re: Can a Lawyer appear in small Claims Court
Hello!
Despite current trends, an attorney is a "person" under the law and can bring and defend an action in SMC. If you were to lose the case, you could then bring your own attorney in to defend at the appeal trial which is a new trial. Only the defendant has a right of appeal in SMC.
As far as the merits of your case, you have provided no facts for our consideration. You can and should argue that an attorney is deemed to know the contents of the agreement JUST LIKE EVERYBODY ELSE!
good luck!
Sincerely,
Mark Geyer
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