Legal Question in Civil Litigation in Pennsylvania

Who can represent a defendant?
This is a question for a screenplay I'm writing.

I know defendants can represent themselves in court,
but could anyone else who is not a lawyer represent a defendant?

We have a character who is persuasive and who knows
something about the law but is not a lawyer. The actual lawyer
can't get to court, and our star has to fill in to prove what he can do
(kind of like Joe Pesci in My Cousin Vinnie, who flunked the bar.).

Must our character try to pass himself off as the real attorney, or
can the defendant choose someone who is not a lawyer to speak
on his behalf in in court?

Thanks,

Asked on 9/07/05, 9:21 pm

6 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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Re: Who can represent a defendant?

Sometimes a relative might go to court to tell the court that the defendant has become violently ill. But no one but a lawyer can give a substantive response or participate in the proceedings.

Answered on 9/07/05, 9:27 pm

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Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Who can represent a defendant?

By definition, a lawyer is someone licensed to represent the interests of others in court. Since representing someone else in court is practicing law and since practicing law without a license is illegal, your character will have to pass himself off as an attorney. And if his secret is revealed at the end of the movie, he will probably spend most of the sequel behind bars.

Answered on 9/07/05, 9:47 pm

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Daniel Harrison Berger Harrison, APC

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Re: Who can represent a defendant?

Remember the Rainmaker. DaVito filled in for Damon but was not a licensed lawyer. Only a lawyer can represent another in court, it's pretty much that simple. In My Cousin Vinny, I think Pesci was using the name of a licensed attorney without his permission - like identity theft.

Answered on 9/13/05, 5:18 pm

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William Marvin Cohen, Placitella & Roth, P.C.

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Re: Who can represent a defendant?

Be careful... your query reminded me of a movie with a similar plot, where Michael Richards played the "character" who pretended to be a lawyer to help a sick friend. A quick IMDB search gave me the title, "Trial and Error".

Answered on 9/08/05, 8:53 am

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Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

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Re: Who can represent a defendant?

Only a licensed attorney can represent another person in court. It's unauthorized practice of law for a non-lawyer to do so. If you want to send your character to jail for unauthorized practice, contempt of court, etc., then you can let the non-lawyer represent your character.

Answered on 9/08/05, 11:18 am

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