Legal Question in Medical Malpractice in California

Special Appearance for Pro Per Plaintiff

It has to do with an attorney who is ''specially appearing '' for pro per plaintiffs - does he have standing to argue the pro pers MSJ -which the pro pers filed under their own name?

Also, may the attorney appear in court to argue without filing a substition of attorney for the plaintiffs?

there may be some local rules, or at the very least, CCP re: this.

Any help would be greatly appreciated.


Asked on 11/21/05, 10:24 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Special Appearance for Pro Per Plaintiff

If it's the other party, I would raise strenuous objection in court that the attorney has no standing to appear for the pro per unless a substitution of attorney is filed. The pro per is his/her own attorney and must argue the case him/herself. The court might grant a continuance, however, for the party to recruit an attorney to sign a substitution.

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Answered on 11/21/05, 11:48 pm


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