Legal Question in Civil Litigation in California
Small Claims Court Attorney Exceptions
Please advise if there are any ''exceptions,'' either by statute or case law, and if so, what they are, which would allow a Plaintiff (Corporation)in a small claims action to bring an attorney to court to represent them.
Thank you,
Jeff
2 Answers from Attorneys
Re: Small Claims Court Attorney Exceptions
Only if the attorney is an officer or director of the corp. AND ALL other officers and directors are attorneys. Otherwise, no.
Re: Small Claims Court Attorney Exceptions
If an attorney is an officer or director of the corporation, he could represent the corporation in small claims court as that officer or director. He would be considered a member of the corporation and not as an independent person representing the corporation as an attorney. Some lawyers have other businesses other than law. I have volutarily sat as a pro tem judge for small claims court once of month for the past 20 years and see this from time to time and it is acceptable.