The brief answer is negative. The longer response is maybe. In California you may only be represented by somebody else if you are less than 18 or have been declared mentally incompetent by a court of law. In both of these cases somebody may be represented by a guardian ad litem. A guardian ad litem is a judicial word for someone who has been appointed by the court to care for somebody (usually a minor or someone under eighteen or who has been ruled mentally incompetent by the court. Note: If a person is younger than eighteen but have been legally emancipated, you may represent yourself.
For those of you who are shy and guarded, this might sound like a gigantic roadblock to your claim. But, the exact opposite is all true--the other party won't be able to employ counsel to represent them. The opponent must represent herself in front of the judge.
If the judge rules that a person is incapable to correctly prove your claim for any basis, the judge can allow someone else to help you--but this person can NOT be a lawyer.
The sole time anyone will come across an attorney in court is if one is taking legal action against a lawyer or law firm (as they are entitled to represent themselves). Don't presume that by filing a small claim court case you will be facing a lawyer.
There are a few special cases to the law that a person must represent yourself:
Foremost if you are a owner of a business, one may be represented by a regular employee if the case may be demonstrated with account data and the regular worker has information of the account. Secondly if you are a partnership, you may be represented by a partner.
Third, if one is a corporation, you may be represented by an employee, officer, or director but ONLY if she has not been hired to defend the business. Finally, if one is in the military, one can be represented by someone else. One will need to provide to the judge details in the way of declarations which support your case. These declarations should also assert that: Firstly, you are serving in active duty in the armed forces. Second, you were assigned to your assigned section after the claim was started. Thirdly, your orders last for longer than 6 months.
Would a Lawyer Have a Role in My Small Claims Matter?
In CA, one may not employ a lawyer to represent you in court. You can seek the advice of an attorney to advise and assist you in advance of or after you submit a claim. And based on the nature and complexity of your claim, which can be an option you want to choose. However, fees incurred by a lawyer are routinely not recoverable as court damages.
Did you know that you can find California Small Claims Court Resources on the internet?
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