Results 1 to 4 of 4
  1. #1
    Join Date
    Nov 2005
    Posts
    106

    Question Lay Representative

    I have been reading recently that many times in small claims court, one can elect a "lay representative" on their behalf to fight their case (as oppose to pro se).

    Is this possible in the criminal/civil court system (I am only aware of pro se being used in these systems)?

    I was imagining a hypothetical scenario where a young African American (we will call him John) from an impoverished neighborhood was charged with a crime, but could not afford his own legal counsel.

    He did not want a court appointed attorney, however, since these lawyers often carry large caseloads and have very little time to prepare.

    He could not fight the case himself, since he had no knowledge of the legal system, but he did have an uncle who, while never going to law school, read many books on law as a personal hobby (and so let's assume had the knowledge of a lawyer without the law degree).

    Would this uncle be able to represent John in court, even though he was not part of the ABA or had a qualifying law degree?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lay Representative

    No, he will not.

  3. #3
    Join Date
    Nov 2005
    Posts
    106

    Default Re: Lay Representative

    Thank you for the prompt response Aaron.

    Would it be possible, however, for you to go into more detail why this would not be allowed? I can understand the fact that the court system does not want stupidity or ignorance to prevent a client from receiving a speedy/fair trial, but then it also would not make sense for pro se representation then, since unless they were a pro se litigant, they would have little to no knowledge of the law/court system as well (and thus be victim to the old adage, "A man who is his own lawyer has a fool for his client".)

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lay Representative

    He's not a lawyer, and he's not licensed to practice law.

    1. Sponsored Links
       

Similar Threads

  1. Social Security Issues: What if I Don't Want to Be Representative Payee Any More
    By wintersnow in forum Social Security Law
    Replies: 3
    Last Post: 08-30-2011, 08:10 PM
  2. Trademarks: Domestic Representative in the U.S
    By Michael44 in forum Intellectual Property
    Replies: 3
    Last Post: 03-02-2011, 12:27 PM
  3. Disability Benefits: Payee Representative for My Son
    By Tricia60 in forum Social Security Law
    Replies: 2
    Last Post: 01-10-2011, 08:17 AM
  4. Disability Benefits: Representative Payee
    By WilliesGirl in forum Social Security Law
    Replies: 3
    Last Post: 05-17-2009, 08:39 AM
  5. Social Security Issues: Representative Designation Form
    By Jaxkats in forum Social Security Law
    Replies: 2
    Last Post: 10-13-2006, 03:20 PM
 
 
Sponsored Links

Legal Help, Information and Resources