Legal Question in Civil Litigation in California
I'm being sued in civil court by a debt collector. The judge is requiring I fill a legal document (she was not sure what type of document) that allows me to speak on behalf of my business partner. I assume it's a type of power of attorney but I'm unsure. Please help... I just need to find out the type of document I need to file with the court before my next hearing. Thanks.
3 Answers from Attorneys
Judges sometimes make mistakes and it sounds like this one did this time. Under the State Bar Act you would be practicing law without a license if you represent your business partner or anyone else in a court proceeding. So there is no such paper you could file to allow that.
I agree with Mr. McCormick. You cannot represent someone else in court unless you are a licensed attorney. The judge should have known that.
Mr. McCormick and Mr. Roach are right that you can't represent your partner (unless you happen to be a lawyer), but I'm not sure that's what you meant. The question says the lawsuit is against you, not against your partner. If your partner isn't a defendant, speaking on his behalf might not amount to representing him. But it's not clear what your role would be -- or even what his would be if he spoke up for himself. Without more information, I can't give you a meaningful answer.