Legal Question in Family Law in Maryland
unathorized practice of law
is there a specific law or rule specifying whether or not a mother or father who has not passed the State Bar may represent their own children's interest under Maryland Law in Prince George's County. It appears to be a practice much like raising one's right hand during the swearing in ceremony i.e., having no relation to any specific law but nonetheless the practice
2 Answers from Attorneys
Re: unathorized practice of law
If the mother or father is admitted to the bar of another state or the District of Columbia, the parent may be able to represent the minor child with the permissin of the court, although the court may insist on "local counsel" to be on the record with the parent. If the parent is not admitted to the bar in any jurisdicion, he or she is precluded from the practice of law in Maryland. The parent can file a suit on behalf of the child, as "next friend," but unless the case is a simple small claim action it would not be advisable to do so without retaining legal counsel.
Re: unathorized practice of law
Sec. 10-601 of the Business Operations and Professions Article of the MD Code prohibits someone not a member of the MD Bar from practicing law. There are some limited exceptions, but they wouldn't apply in your case. This does not mean that if your minor child has a civil claim and you want to file a lawsuit on their behalf, you could not file it as your child's "next friend". Then technically you would be the plaintiff of record and representing yourself.