Legal Question in Civil Litigation in California
Who can represent you in Court in civil actions in California? Can a Power of Attorney represent you in court if they are not a licensed attorney? Finally, is there a specific code section that states this. Ie. that a person must either represent themselves or be represented by an attorney at court?
5 Answers from Attorneys
No, appointing someone with the power of attorney does not authorize them to practice law in civil actions or any other matters. Perhaps, if someone was appointed guardian or conservator this may differ in some situations, but you should still consult an attorney to verify my statement. I hope a colleague will correct me if the latter statement is incorrect.
You can represent yourself, but only a licensed attorney can represent someone else in court. Period. No one in the court system needs a 'case citation' to know that.
I agree with attorney Nelson.
I write to correct Mr. Kane as he requests. Only an individual representing themselves individually can appear in court or file anything with a court without an attorney. As for a citation, I'm not going to bother to look it up for you, because it is so obvious, but if you look in the Professions Code in the division or chapter governing attorneys, you will eventually find a code section that requires attorney licensing, one defining the practice of law, and another that makes it a crime to practice law without a license.
"No person shall practice law in California unless the person is an active member of the State Bar." (Bus. & Prof. Code, sect. 6125.)
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