Legal Question in Civil Litigation in California

I'm being sued in civil court by a debt collector. The judge is requiring I fill a legal document (she was not sure what type of document) that allows me to speak on behalf of my business partner. I assume it's a type of power of attorney but I'm unsure. Please help... I just need to find out the type of document I need to file with the court before my next hearing. Thanks.

Asked on 11/04/13, 9:37 pm

3 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Judges sometimes make mistakes and it sounds like this one did this time. Under the State Bar Act you would be practicing law without a license if you represent your business partner or anyone else in a court proceeding. So there is no such paper you could file to allow that.

Read more
Answered on 11/04/13, 9:51 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. You cannot represent someone else in court unless you are a licensed attorney. The judge should have known that.

Read more
Answered on 11/05/13, 5:42 am
Edward Hoffman Law Offices of Edward A. Hoffman

Mr. McCormick and Mr. Roach are right that you can't represent your partner (unless you happen to be a lawyer), but I'm not sure that's what you meant. The question says the lawsuit is against you, not against your partner. If your partner isn't a defendant, speaking on his behalf might not amount to representing him. But it's not clear what your role would be -- or even what his would be if he spoke up for himself. Without more information, I can't give you a meaningful answer.

Read more
Answered on 11/05/13, 2:20 pm

Related Questions & Answers

More General Civil Litigation questions and answers in California