Representation in Small Claims Court
Can I hire an attorney to represent me in court?
The quick answer is negative.  The extended response is maybe.  In CA you can only be represented by some other person if you are less than 18 or have been deemed mentally incompetent by the courts.  In these two situations someone can be represented by a guardian ad litem.  A guardian ad litem is a judicial word for somebody that was appointed by a judge to care for someone (usually a minor or somebody under eighteen or who has been ruled mentally incompetent by a court of law.  Observe: If one is under 18 but have been legally emancipated, you may represent yourself.

For those of you who are timid and guarded, this might be like a huge barrier to your court case.  Even so, the reverse is all true--the other party won't be able to retain a lawyer to represent her.  The opponent must represent herself in front of the court.

If the court rules that you are not capable to effectively present your defense for any basis, the judge may allow somebody else to assist you--but this person may NOT be an attorney.

The only circumstance an individual will deal with a lawyer in court is if one is taking legal action against an attorney or legal firm (as they may defend themselves).  Thus, don't believe that by filing a small claims court case you will be facing an attorney at law.

There are several exceptions to the law that an individual must represent yourself:

First if a person is a owner of a business, you may be represented by a regular employee if the claim can be demonstrated with account information and the normal personnel has knowledge of that account.  Secondly if you are a partnership, one can be defended by one of the partners.
3rd, if you are a corporation, you may be represented by an employee, officer, or director but ONLY if she hasn't been employed to represent the corporation.  Last, if a person is in the armed forces, one may be represented by another person.  You has to present to the court information and facts in the form of declarations which support your case.  These declarations should also assert that:  First, one is serving in active duty in the military.  Next, you  had been supplied with orders to your assigned station after the claim was started.  Thirdly, your assignment lasts longer than six months.

Would a Lawyer Have a Role in My Small Claims Matter?
In CA, you may not have an attorney to represent you in court.  One can speak with an attorney to counsel and give help to you in advance of or after you submit a claim.  And based on the type and intricacy of your case, which may be an option you want to choose.  Unfortunately, fees incurred by an attorney are usually not recoverable as court damages.


There is another website that has California Small Claims Court information.