Legal Question in Civil Litigation in California
Helping my brother with discovery paperwork......
Question has been changed for clarification.
I'm not going to be in court, I'm not dispensing legal advise, I just want to know if I can have the answers & documents sent to me as my brother has asked me for help in doing the paperwork. I live in southern CA and need the plaintiffs answers to come to me. HOW do I identify myself (since the return mailing address will be mine) SINCE I CANNOT SAY: Attorney for Mr. Jones.
Do I just say Representative for Mr. Jones? Or don't identify myself at all?
My brother (in northern CA) is going through a civil lawsuit, (in pro per)can't afford an atty, legal aid is not much of help & my brother is not great at following through.
I scanned in the interrogatory/ admission papers, using them a template so I can ask the plaintiff our own questions for discovery.
Also, when I send the plaintiff the questions does that now make us the Propounding party and her the Responding party?
3 Answers from Attorneys
Re: Helping my brother with discovery paperwork......
The unauthorized practice of law extends beyond representing someone in court. Preparing interrogatories and analyzing the types of questions to ask is the type of thing an attorney must supervise. Receiving and analyzing the responses is also practicing law.
Your brother has an address of record on file with the court and that is the only address the opposing attorney is required to use.. The opposing attorney is under no obligation to recognize your participation nor communicate with you in any way. If your brother is bad at following through, then he is going to need to take this matter more seriously.
Your brother should at least see an attorney for a consultation to find out what his options are. You say he cannot afford an attorney, but can he afford NOT to have one? If necessary, he might consider contacting a bankruptcy attorney see if bankruptcy can help him.
Re: Helping my brother with discovery paperwork......
You'd be better off helping your brother obtain legal counsel instead. How do you know he "cannot afford" an attorney? How many attorneys has he called?
Re: Helping my brother with discovery paperwork......
Changing the question has not changed the result. If you are not licensed to practice law, you may not provide any type of legal services to your brother. The includes appearing in court, preparing discovery, responding to discovery, etc.
Do not misrepresent yourself in any manner.
Again, your brother should seek legal aid from a licensed professional.
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