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No, you cannot represent somebody else in small claims court, even if you are a licensed attorney. The plaintiff and the defendant must represent themselves. If

No, you cannot represent somebody else in small claims court, even if you are a licensed attorney. The plaintiff and the defendant must represent themselves. If either one is a corporation, then an employee of the corporation (not a hired lawyer or consultant) must represent the corporation.

ryanwaggoner 18y ago
Not disagreeing, but do you have a source? Also, what if one of the parties is bedridden or something?
- deleted 18y ago
  [deleted]
- mattmcknight 18y ago
  That's the whole concept of small claims court (no attorneys). Laws are per state: http://www.courts.state.va.us/pamphlets/small_claims.html http://www.courts.state.va.us/pamphlets/small_claims.html
- chriskelley 18y ago
  California Code of Civil Procedure 116.540 [1] "116.540. (a) Except as permitted by this section, no individual other than the plaintiff and the defendant may take part in the conduct or defense of a small claims action." Most of the exceptions detail that the person appearing has to be a regular employee of the plaintiff, if not the plaintiff themselves. [1] http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.510-116.570 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&#3...
  - Keyframe 18y ago
    So, technically you could have an attorney as an employee for a month or two and have him/her represent your company in the court?
    - ryanwaggoner 18y ago
      No, unless the attorney is defending himself/herself or is a general partner in a law firm being sued: 116.530. (a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action. (b) Subdivision (a) does not apply if the attorney is appearing to maintain or defend an action in any of the following capacities: (1) By or against himself or herself. (2) By or against a partnership in which he or she is a general partner and in which all the partners are attorneys. (3) By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys.
      - handelaar 18y ago
        Is there some way we can downvote this so far that it doesn't break the layout on this page and render almost every other comment illegible? Seriously. PLEASE quit that crap with the nowrap <pre>.

ryanwaggoner 18y ago

Not disagreeing, but do you have a source? Also, what if one of the parties is bedridden or something?

deleted 18y ago
[deleted]
mattmcknight 18y ago
That's the whole concept of small claims court (no attorneys). Laws are per state: http://www.courts.state.va.us/pamphlets/small_claims.html http://www.courts.state.va.us/pamphlets/small_claims.html
chriskelley 18y ago
California Code of Civil Procedure 116.540 [1] "116.540. (a) Except as permitted by this section, no individual other than the plaintiff and the defendant may take part in the conduct or defense of a small claims action." Most of the exceptions detail that the person appearing has to be a regular employee of the plaintiff, if not the plaintiff themselves. [1] http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.510-116.570 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&#3...
- Keyframe 18y ago
  So, technically you could have an attorney as an employee for a month or two and have him/her represent your company in the court?
  - ryanwaggoner 18y ago
    No, unless the attorney is defending himself/herself or is a general partner in a law firm being sued: 116.530. (a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action. (b) Subdivision (a) does not apply if the attorney is appearing to maintain or defend an action in any of the following capacities: (1) By or against himself or herself. (2) By or against a partnership in which he or she is a general partner and in which all the partners are attorneys. (3) By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys.
    - handelaar 18y ago
      Is there some way we can downvote this so far that it doesn't break the layout on this page and render almost every other comment illegible? Seriously. PLEASE quit that crap with the nowrap <pre>.