Legal Question in Civil Litigation in Pennsylvania
conflict of interest and power of attorney
if someone gives you there power of attorney to represent them and you are not a attorney, is that a considered illegally practicing law? and if that same attorney denyed representing some one who is mentioned in the lawsuit and we filed for a motion to the judge stateing this fact is this conflict of interes or professional conflict by that attorney?
1 Answer from Attorneys
Re: conflict of interest and power of attorney
It used to be when some one gave some Power of Attorney and this is till the case in some other states that person was referred to as an Attorney In Fact. Currently in Pennsylvania that person is referred to as an Agent.
An agent may depending on the powers granted by the POA do various thinks on behalf of the principal. Such a person is not practicing law. There are specific definitions as to what the Unlicensed Practice of Law is. Based on your description of the facts it doesn't appear they've done that.
If they are not a licensed attorney then they could not have represented any one in a court of law. So where is the conflict?
I would advise you the Motion Practice is not the easiest thing to do even for experienced attorneys. There are not only the Pennsylvania Rules of Civil Procedure to consider but local rules that vary by county that determine the form, content and manner motions are filed and dealt with.
If you have any questions feel free to contact me the initial consultation is free.
{John}