Legal Question in Civil Litigation in Florida
Small Claims Court Trial
I handle a large volume of small claims cases for my employer (with written authorization) in the 15th Circuit, but have only experienced three results - 1) settlements thru court-appointed mediation, 2) default final judgments for the defendant's failure to appear, 3) pre-hearing independent settlements. The cases are all based on breach of an employment contract and enforcement of a liquidated damages provision.
I now have one case that is scheduled for trial/hearing (non-jury) because the defendant was adamant during attempted mediation that she wanted only to ''get her day in court.''
I am not a licensed attorney and need to know how I should prepare for this soon-approaching court date.
Given these circumstances, can someone please offer advice as to how I can prepare for this trial (my first) in small claims court on a breach of employment contract claim?
2 Answers from Attorneys
Re: Small Claims Court Trial
Plaintiff has the burden of proof. You will need to prove the contact,(oral ow written), the breach thereof and your damages by questions and answers. You will need to produce your witnesses and original documents.
Re: Small Claims Court Trial
It is improper for you to appear and represent either a company or an individual if you are not a lisenced attorney. Even with your employer's permission, you must be a lawyer and a member of the Florida Bar to do so. It is called the unauthorized practice of law. The Bar has on occasion prosecuted people who engage in the unauthorized practice of law.
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