Legal Question in Employment Law in Florida
Not Admitted To Florida Bar
Hello, I have complaint filed with the local EEOC ofice in my area (Tampa Florida)against my last employer for wrongful termination o the basis of discrimination & retaliation. My cousin who is attorney, but not admitted to practice in Florida has been helping me with my complaint and I have a good chance of having my complaint being upheld. Can I have my cousin represent me at a mediation or administrative hearing to negotiate a settlement on my behalf? Can she represent me if I decide to file a court case?
1 Answer from Attorneys
Re: Not Admitted To Florida Bar
Anyone, including your cousin, could assist you or even "represent" you at a mediation or administrative hearing to negotiate a settlement of your complaint. No special credentials are required.
However, only a licensed attorney, currently active and in good standing with the Florida State
Bar could file suit on your behalf alleging a cause of action under Florida state law.
If the action were filed in a U.S. District Florida Court, the person filing such a lawsuit
alleging violations of anti-discrimination or other federal laws, would not only need to possess the credentials referenced above, but would also need to be a member of the bar of that specific federal court in order to represent you there as the attorney of record.
In neither one of these situations could your
cousin represent you as an attorney prosecuting your claim before either Florida state or federal courts.
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