#175, Drano Series

  

When Nonlawyers Represent Parties and the Representation Does Not Constitute the Unauthorized Practice of Law ~~~~~~~~~~~~~~~~ Barb researched all 50 States and all the federal circuits on Westlaw to find all reported cases in which nonlawyers were permitted to represent parties in law cases. I entered the following queries: non-lawyer /s represent! /s court /p allow! or approv!  or appear! (Results are color-coded.) and non-attorney /s represent! /s court /p allow! or approv!  or appear! (Results are not color-coded.) ~~~~~~~~~~~~~~~~ Red         denotes cases in which NONLAWYERS were permitted to play                 lawyer. Blue        denotes cases in which NONLAWYERS were NOT permitted to play                 lawyer. Orange   denotes cases for which the excerpt did not reveal whether the                NONLAWYER represetnation was permitted or not.  You will have to                read the entire case to learn what happened. Green     denotes cases that you must read for diverse reasons. ~~~~~~~~~~~~~~~~ What is a Court of Record?              Court of Record COMMENTARY    This writer concludes, from the definitions below, that a court of record is a court which must meet the following criteria:      1.  generally has a seal     2.  power to fine or imprison for contempt     3.  keeps a record of the proceedings     4.  proceeding     5.  the tribunal is independent of the magistrate (judge)      Note that a judge is a magistrate and is not the tribunal.  The tribunal is either the sovereign himself, or a fully empowered jury (not paid by the government) according to the common law (not statutes or codes).  Black's Law Dictionary, 4th Ed., 425, 426. INTERNATIONAL LAW      The person and suite of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever that may be. ....                         CLASSIFICATION      Courts may be classified and divided according to several methods, the following being the more usual:      COURTS OF RECORD and COURTS NOT OF RECORD.  The former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which have power to fine or imprison for contempt.  Error lies to their judgments, and they generally possess a seal.  Courts not of record are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded.  3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231.                 A "court of record" is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being  Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J.  See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689. enrolled for a perpetual memorial. The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson, West and their affiliates

1. Ponderosa Hill, Inc. v. County of Spokane, Not Reported in P.3d, 2007 WL 29643, , Wash.App. Div. 3, January 04, 2007   ...1099 (1992)  In a case from the Fifth Circuit,  Gonzales v. Wyatt,  157 F.3d 1016 (5th Cir.1998) , the court distinguished between a late correction of an unsigned pleading by a pro se party and a late correction by a party represented by a nonlawyer.  Gonzales  notes that the purpose under  Rule 11  for requiring unrepresented parties to sign the pleadings is to make certain ...   ...157 F.3d at 1021 When the pro se party files an unsigned pleading, that purpose may be met by allowing the party to promptly sign and refile, with relation back to the original date of filing.  Id.  But when the... 2. LAS Collection Management v. Pagan, 447 Mass. 847, 858 N.E.2d 273, 2006 WL 3525312, , Mass., December 11, 2006   ...of law.    The court erred in denying the defendant's motion to dismiss the complaint. 7 FN6.  As LAS did not appear or submit a brief, we have not been presented with any other basis to conclude that a property agent may ...   ...Bar Ass'n v. Picklo,  96 Ohio St.3d 195, 196-197, 772 N.E.2d 1187 (2002)  (striking down statute that allowed property managers to conduct property owners' cases in courts as unauthorized practice of law). Florida has taken a different approach ...   ...necessary to evict a tenant for nonpayment of rent”  for both individual and corporate landlords. Florida Bar re Advisory Opinion-Nonlawyer Preparation of & Representation of Landlord in Uncontested Residential Evictions, 627 So.2d 485, 487 (Fla.1993)  (clarifying court's previous approval of proposed advisory opinion of bar association).    This particular contingency is not addressed or briefed in this case, and thus... 3. Dayton Supply & Tool Co., Inc. v. Montgomery Cty. Bd. of Revision, 111 Ohio St.3d 367, 856 N.E.2d 926, 2006 WL 3299995, 2006 -Ohio- 5852, , Ohio, November 29, 2006   ...complaint to the BOR that were taken in this case. {¶  69}  In two very recent decisions, the court has allowed nonattorneys to represent other persons in legal proceedings.    See  Cleveland Bar Assn. v. Pearlman,  106 Ohio St.3d 136, 2005-Ohio-4107, 832 N.E.2d 1193, fn. 3  (rejecting a constitutional challenge to a statute that allowed “any bona fide officer or salaried employee”  of a limited liability company to file claims and appear on behalf of the company in small  claims court);   Cleveland Bar Assn. v. CompManagement, Inc.,  104 Ohio St.3d 168, 2004-Ohio-6506, 818 N.E.2d 1181, ¶  39  (allowing nonlawyers to appear and practice in a representative capacity before the Industrial Commission and the Bureau of Workers' Compensation and explaining that  “in certain limited settings, the public... 4. McCarley v. City of Roanoke, Slip Copy, 2006 WL 3422422, , M.D.Ala., November 28, 2006   ...§  1915(e)  The  Order  (Doc. 5) also summarized pertinent rules and requirements for a federal civil complaint. The court allowed McCarley to explain the factual basis for his intended lawsuit which designates 15defendants: the City of Roanoke, its Municipal Court ...   ...action and- a. that the court will not permit the filing of multiple complaints in a single pleading as it appears the plaintiff seeks to do by outlining one complaint at pages 1-10 and a second complaint at pages 11 ...   ...unspecified period based on various conflicts and difficulties in securing counsel.  In principal deference to his s status as a non-lawyer and his apparent good faith in seeking legal advice regarding the propriety of continuing his action, the court extended his deadline for another month, until November 2, but advised: Plaintiff is advised that the court deems the time allotted more than reasonably adequate in light of his representations concerning the nature of the claims he wishes to assert as well as the court's specific advice on not only the limited scope of claims subject to federal jurisdiction but also the entitlement of certain... 5. Brackens v. Texas Health and Human Services Com'n, Slip Copy, 2006 WL 3227671, , W.D.Tex., November 03, 2006   ...A.B.) and  “on behalf of all person similarly situated.” To the extent that these parties are correctly named plaintiffs, they appear to be represented by Plaintiff himself, rather than counsel.  In federal court, however, a non-lawyer may only represent himself or be represented by an attorney; he cannot represent others.  Gonzales v. Wyatt,  157 F.3d 1016, 1021 (5th Cir.1998)  Thus, Plaintiff, a non-laywer, cannot assert the... 11. State v. Bettwieser, --- P.3d ----, 2006 WL 2561256, , Idaho App., September 07, 2006   ...Meghan Bettwieser appeals her conviction for committing the infraction of following too closely.  Bettwieser's principal contention is that the magistrate court erred in refusing to allow Bettwieser's father, a non-lawyer, to represent her in the proceedings.  We affirm. I. FACTUAL & PROCEDURAL BACKGROUND After she was involved in an automobile accident, Bettwieser, then... 21. Theatre Row Phase II Associates v. H & I, Inc., 27 A.D.3d 216, 810 N.Y.S.2d 461, 2006 WL 490098, 2006 N.Y. Slip Op. 01528, , N.Y.A.D. 1 Dept., March 02, 2006   ...Secretary of State pursuant to  Business Corporation Law §  306(b)(1)    Prior to the return date, Andrew Lustig, a nonlawyer representative of respondent, mailed a letter to the Clerk of the Court requesting a four-week adjournment to obtain counsel.    However, at the call of the calendar, respondent received an adjournment of only two weeks.    Three days after respondent's time to appear or file answering papers expired, the motion court granted a default judgment in petitioner's favor. [1] [2]  In order to... 23. P.R. v. Bridgeton Bd. of Educ., Not Reported in F.Supp.2d, 2006 WL 231665, , D.N.J., January 31, 2006   ...Cir.1999) B. Unauthorized Practice of Law In order to seek expert fees in the District Court, Plaintiffs must either appear  pro se  or with an attorney representing them.  28 U.S.C. §  1654 Fed.R.Civ.P. 11 U.S. Dist. Ct. Rules D.N .J., L.Civ.R. 101.1 Contrary to the practices allowed in the OAL, where a lay advocate may represent a party,  N.J.A.C. 1:1-5.4(a)(7) , this court does not allow a non-lawyer to act as an advocate for another party.  U.S. Dist. Ct. Rules D.N.J., L. Civ. R. 101.1 To do... 32. The Roof Doctor, Inc. v. Birchwood Holdings, Ltd., 366 S.C. 637, 622 S.E.2d 746, 2005 WL 3110678, , S.C.App., November 21, 2005   ...45 11(2   1)  k. In General. 101  Corporations 101XI  Corporate Powers and Liabilities 101XI(F)  Civil Actions 101 508  k. Appearance and Representation by Attorney. South Carolina Supreme Court permits business entities to be represented by non-lawyers in civil magistrate court proceedings. Bruce Robert Hoffman , of St. Helena Island, for Appellant. James E. Weatherholtz , of Charleston, for Respondent. STILWELL , J.: The ...   ...304, 306, 422 S.E.2d 123, 124 modifying State v. Wells,  191 S.C. 468, 5 S.E.2d 181 (1939) In allowing the non-lawyer representation, the court mandated:   “The magistrate shall require a written authorization from the entity's president, chairperson, general partner, owner or chief executive officer   before permitting such representation.” Id.   The court did not address the issue of a remedy if the written authorization was not obtained. Id.   The... 34. Hart ex rel. Hart v. Shelby County School Dist., Not Reported in F.Supp.2d, 2005 WL 2991480, , W.D.Tenn., November 08, 2005   ...2002) ) (additional citations omitted). The  Cavanaugh  court then analyzed the provisions of the IDEA to determine if the statute specifically allows parents to serve as legal counsel for their child, thereby abrogating the common law principles described above.  Id.  at 755 ...   ...mention parents.  Id.  at 756  (quoting  20 U.S.C. §  1415(i)(2)(A) ) (additional citations omitted).  As a result, the court concluded that the IDEA did not grant parents such a right in federal courts, and joined the Second, Third, Seventh, and Eleventh Circuits in holding that non-lawyer parents may not represent their child in IDEA actions.  Id.  at 756-57  (adopting  Collinsgru v. Palmyra Bd. of Educ.,  161 F.3d 225... 41. Brown v. Coe, 365 S.C. 137, 616 S.E.2d 705, 2005 WL 1677898, , S.C., July 07, 2005   ...Respondent. July 7, 2005. Background:   Nonlawyer personal representative of estate filed an appeal in a probate matter. Holdings:   The Supreme Court held that: 5 (1)  by filing the appeal, the nonlawyer personal representative engaged in unauthorized practice of law, but 6 (2)  Supreme Court would not dismiss the appeal, and instead would allow personal representative a reasonable amount of time to retain counsel to continue with the appeal. Ordered accordingly. West Headnotes [1] 45  Attorney ...   ...k. Effect of Unauthorized Practice. 162  Executors and Administrators 162X  Actions 162 455  k. Appeal and Error. (Formerly  106k202(5) Supreme Court would not dismiss appeal, in probate matter, filed by nonlawyer personal representative of estate, and instead would allow personal representative a reasonable amount of time to retain counsel to continue with the appeal; personal representative had represented the estate in three previous appellate proceedings, which had led her to believe, erroneously, that such representation by a nonlawyer was acceptable.   Code 1976, §  40-5-310 ORDER Respondent moves to dismiss this appeal on the ground that the ...   ...was  modified  in  In re Unauthorized Practice of Law,  309 S.C. 304, 422 S.E.2d 123 (1992) , in which the Court held a non-lawyer, officer, agent, or employee may represent a business entity pursuant to  S.C.Code Ann. §  40-5-80 (1986)  in civil magistrate's court proceedings. 1   The Court stated further that the magistrate shall require a written authorization from the entity's president, chairperson, general partner, owner or chief executive officer.    Finally, in  Renaissance Enters., Inc. v. Summit Teleservices, Inc., supra,  the Court held a non-lawyer cannot represent a corporation in circuit or appellate courts and once again held that a corporation may appear  pro se  only in magistrate's court. FN1.  At that time,  §  40-5-80  stated the following: This chapter shall not be construed so as to... 42. Tindall v. Poultney High School Dist., 414 F.3d 281, 2005 WL 1561041, 199 Ed. Law Rep. 607, , C.A.2 (Vt.), July 05, 2005   ...Mfg. Co.,  784 F.2d 829, 830-31 (7th Cir.1986)  (per curiam) (extending the rule that  “an individual may appear in the federal courts only  pro se  or through counsel”  to the appellate court-even though  “the Federal Rules of Appellate Procedure and [the Seventh] Circuit's Rules are silent as to whether non-lawyers may represent anyone other than themselves” -and striking the appearance and brief of a non-lawyer purporting to represent the appellant);   Georgiades v. Martin-Trigona,  729 F.2d 831, 834 (D.C.Cir.1984)  (concluding that defendant-appellant's son, who was  “not a member of the bar of any court,”  was  “not qualified to appear in the District Court or in [the Court of Appeals] as counsel for others” 3 FN3.  The Federal Rules of Civil Procedure provide that the representative of an ...   ...in the appeal before us-it may force minors out of court altogether.    While the  Cheung  court noted that  “[t]o allow guardians to bring  pro se  litigation also invites abuse,” 906 F.2d at 61,  not allowing guardians to do so-if they are regarded by the court as reasonably competent in this regard-may thus result ...   ...choice can also sometimes invite “abuse” of the type referred to in Cheung.    But we conclude that our cases prohibiting non-lawyer parents from representing their children apply to appeals to this Court and are too broad and too clear to permit us to hear Kyle's appeal-irrespective of our judgment as to whether his mother would be capable of doing so-unless and until he is represented by counsel. [7]  We feel constrained to advise the parties that it does not appear to us on the face. 43. Avila v. Christopher, Not Reported in S.W.3d, 2005 WL 1531170, , Tex.App.-Waco, June 29, 2005   ...settlement proceeds.  To the extent there were people at the hearing on behalf of these medical creditors, they do not appear to have been attorneys and I question whether the presence of an employee or collection agent constitutes an appearance for an entity, particularly a corporation or partnership, which has not been served.  During the hearing, the trial court noted there was only one lawyer present, Avila's, stating,  “Since we have one lawyer representing one party and three non-lawyers, would you suggest we do this on an informal basis and just allow them to say what their claim is?”  Avila's attorney said that would be “fine.” Of course, when I found out... 45. In re Cash Media Systems, Inc., 326 B.R. 655, 2005 WL 1523435, , Bkrtcy.S.D.Tex., June 27, 2005   ...the Adversary Proceeding on Franklin's Motion for Leave to Intervene (the February 15th Hearing.)    During the hearing, Franklin did not appear pro se;   rather McIntyre appeared and represented to this Court that  “I'm   present on behalf of Terry Franklin.    And I'm accompanied by my local counsel ...   ...the Southern District of Texas.    McIntyre did not move under U.S. District Court Local Rule 83.1K for leave to appear as attorney-in-charge for Franklin.    Other than to say “good afternoon, your Honor,” Lana Dieringer (“Dieringer”) did not speak ... [In this case, lawyer was appearing pro hac vice in a foreign jurisdiction – i.e., one not his.  He needed local counsel, but LC did nothing in court. They usually just file pleadings, cause subpoenas to be served, send notices of depo, etc., paper work that must be done in the foreign jurisdiction.] ...Dismiss Bankruptcy)  in the Adversary Proceeding Docket No. 29.) McIntyre alone signed this Motion.    McIntyre's name, address and telephone number appear on this Motion, and beneath his signature line is his State Bar number and the phrase “Attorney for Plaintiff Terry Franklin.”    Neither Dieringer's name nor any other attorney's name appears on this Motion as co-counsel for Franklin.    In this Motion to Dismiss, Franklin  “requests that the Court dismiss this... 50. Harkness v. Unemployment Compensation Bd. of Review, 867 A.2d 728, 2005 WL 245622, , Pa.Cmwlth., February 03, 2005   ...exceptions to this rule.    For example, in  McCain v. Curione,  106 Pa.Cmwlth. 552, 527 A.2d 591 (1987) 4  this Court recognized that Section 702 of the Unemployment Compensation Law,  43 P.S. §  862 , and departmental regulations promulgated thereunder at  34 Pa.Code §  101.41 , permit  an individual claiming unemployment compensation  to be represented by a non-lawyer in an unemployment compensation proceeding. 5   Employer asserts that this limited exception, which expressly applies to “individuals claiming unemployment compensation”, should, by the same token, allow a corporate Employer to be represented by its  non-employee, non-attorney “duly authorized representative.”    Again, this Court disagrees. FN4... 52. Cleveland Bar Assn. v. CompManagement, Inc., 104 Ohio St.3d 168, 818 N.E.2d 1181, 2004 WL 2805872, 2004 -Ohio- 6506, , Ohio, December 15, 2004   ...of Law recommended a finding of unauthorized practice of law.  Objections were filed to the report. 4 Holding:   The Supreme Court,  Alice Robie Resnick , J., held that nonlawyers who appear and practice in a representative capacity before the Industrial Commission and the Bureau of Workers' Compensation are not engaged in the unauthorized practice of law ...   ...support its contention that nonlawyers are precluded from performing the various representative functions mentioned in the board's report that are allowed under Resolution No. R04-1-01.    But the plain truth is that this court has never held that only lawyers may practice in a representative capacity before the Industrial Commission.    Nor has the court ever concluded that nonlawyers are unauthorized to provide the kind of representative services in the workers' compensation setting that the court in  Henize  authorized them to provide in the unemployment   context.    Accordingly, we find that now is the appropriate time to... 54. Garrett v. Albert, 111 Fed.Appx. 997, 2004 WL 2407227, , C.A.10 (Okla.), October 28, 2004   ...writ of mandamus.    The Supreme Court referred the petition to Defendant as a referee.    Plaintiff alleges that Defendant refused to allow a non-lawyer to represent him, thereby denying him his right of access to the courts. The district court ruled that Defendant was acting in a judicial capacity when, as referee, he denied Plaintiff's request to...  [Someone has to read this case]   55. In re St. Stephen's 350 East 116th St., 313 B.R. 161, 2004 WL 1833491, , Bkrtcy.S.D.N.Y., August 05, 2004   ...however, was his lack of attention to these cases.    The Second Circuit has articulated the reasons for requiring that corporations appear by licensed counsel: [T]he conduct of litigation by a nonlawyer creates unusual burdens not only for the party he represents but as well for his adversaries and the court.    The lay litigant frequently brings pleadings that are awkwardly drafted, motions that are inarticulately presented, proceedings that are needlessly multiplicative... 62. Clark v. Wolfe, Not Reported in F.Supp.2d, 2004 WL 1047838, , E.D.Pa., April 08, 2004   ...habeas corpus.  First, Petitioner alleges that he was denied his Sixth Amendment right to counsel as the result of the appearance of a non-lawyer on Petitioner's behalf at his arraignment and preliminary hearing.  Judge Rueter recommended this claim be denied as a result of the findings of the Superior Court. The Superior Court determined that Petitioner's preliminary hearing was not on March 18, 1996, the day he claims that Octavia Danielson, a non-lawyer, appeared on his behalf to advise that Attorney Rodney was withdrawing, but on April 22, 1996, when he was represented by Stacy L Shields, Esquire. Comm. v. Clark,  No. 619 EDA 2002, slip op. at 4 (Pa. Super Ct. Dec... 63. Seitzinger v. Community Health Network, 270 Wis.2d 1, 676 N.W.2d 426, 2004 WL 583749, 2004 WI 28, , Wis., March 25, 2004   ...of Wisconsin has petitioned our court to appoint a committee to study this area of the law. 60   Numerous lawyers, representatives of consumer groups, non-lawyers, and trade association representatives appeared before this court at its hearing on the Bar's petition.    These persons carefully explained (and gave many examples) how professionals engage in activities... 64. In re Jacobson, 150 N.H. 513, 842 A.2d 77, 2004 WL 187654, , N.H., February 02, 2004   ...Gould  on the brief and orally), for the petitioner. Kathleen M. Tierney , by brief, pro se, and  John Bryan , orally, non-lawyer representative appearing by approval of the Supreme Court under Rule 33(2), for the respondent. BROCK , C.J., retired, specially assigned under  RSA 490:3 The petitioner, Robert Jacobson... 65. U.S. v. Thomas, 357 F.3d 357, 2004 WL 188082, 63 Fed. R. Evid. Serv. 881, , C.A.3 (Pa.), February 02, 2004   ...of punishments that he might face, and the possibility that continued misconduct could annul his right to counsel.    The District Court also explained that self-representation  “is very difficult and imposes numerous obstacles,”  such as conformance with the Federal Rules of Criminal Procedure and Evidence and the detriment a non-lawyer would face based on his  “lack of knowledge of [ ] substantive law”  and his “dual role” as both attorney and defendant ...   ...should discuss with a potential  pro se  defendant in  Welty,  674 F.2d at 188,  and that we cited with approval thereafter in  United States v. Stubbs,  281 F.3d 109, 118 (3d Cir.2002)    After the District Court mentioned these... 67. Colmar, Ltd. v. Fremantlemedia North America, Inc., 344 Ill.App.3d 977, 801 N.E.2d 1017, 280 Ill.Dec. 72, 2003 WL 22870936, , Ill.App. 1 Dist., December 04, 2003   ...unnecessary injustice will occur if we follow the Fruin decision. Underlying our decision is the recognition that a nullity rule appears to punish the litigant rather than the offending attorney.    This might be advisable, if we could legitimately assume that litigants ...   ...improper placement of that penalty.” McEvers,  218 Ill.App.3d at 472, 161 Ill.Dec. 194, 578 N.E.2d 321 The McEvers  court further noted that Fruin was based primarily on cases involving representation by nonlawyers. McEvers,  218 Ill.App.3d at 471, 161 Ill.Dec. 194, 578 N.E.2d 321 Following  McEvers, the court in  People v...  [Someone has to read this case] 68. Amendments To Rules Regulating The Florida Bar and Florida Family Law Rules of Procedure (Unbundled Legal Services), 860 So.2d 394, 2003 WL 22669375, 29 Fla. L. Weekly S819, , Fla., November 13, 2003   ...justice for moderate- to low-income Floridians. In 1998, this Court adopted a rule governing self-help services and court-approved forms in the family law arena.    We noted the observations of the Family Court Steering Committee at that time: [T]he rule is needed to encourage self-represented litigants to obtain legal advice;  to provide information concerning pro bono legal services, low cost legal services, and lawyer referral services;  to provide forms, general information about the judicial process, and other information necessary to assist those who represent themselves;  to clearly define the services provided to ensure that self-help programs do not provide legal advice through nonlawyers;  to facilitate but not encourage self-representation;  to assist in obtaining legislative funding for the programs;  and to establish uniformity throughout the state to provide certain basic ...   ...lending any other form of assistance in the trial process-by virtue of the rule requiring that judicial impartiality in appearance and in fact be maintained.    Therefore, basic information, such as the necessary elements of the cause of action or defense ...   ...Litigation:  A Report and Guidebook for Judges and Court Managers,  3-4 (1998).    As the aforementioned report notes,  “family law appears to be the most impacted by the growing trend to ‘go it alone.’  Id.  at 15. The availability of unbundled... 72. Amendments to the Florida Rules of Civil Procedure (Two Year Cycle), 858 So.2d 1013, 2003 WL 22410375, 28 Fla. L. Weekly S797, 29 Fla. L. Weekly S465, , Fla., October 23, 2003   ...f) shall apply unless the case is sent to a mediation program provided at no cost to the parties.     (e)  Appearance at Mediation.   In small claims actions, an attorney may appear on behalf of a party at mediation provided that the attorney has full authority to settle without further consultation.   Unless otherwise ordered by the court, a nonlawyer representative may appear on behalf of a party to a small claims mediation if the representative has the party's signed written authority to appear and has full authority to settle without further consultation.   In either event, the party need not appear in person.   In any other county court action, a party will be deemed to appear if the persons set forth in rule 1.720(b) are physically present.     (f)  Agreement. Any agreements reached as a... 73. In re Amendments to the Florida Rules of Civil Procedure (Two-Year Cycle) and Florida Rule of Appellate Procedure 9.110, --- So.2d ----, 2003 WL 23784559, , Fla., October 23, 2003   ...f)  shall apply unless the case is sent to a mediation program provided at no cost to the parties. (e)  Appearance at Mediation. In small claims actions, an attorney may appear on behalf of a party at mediation provided that the attorney has full authority to settle without further consultation.  Unless otherwise ordered by the court, a nonlawyer representative may appear on behalf of a party to a small claims mediation if the representative has the party's signed written authority to appear and has full authority to settle without further consultation.  In either event, the party need not appear in person.  In any other county court action, a party will be deemed to appear if the persons set forth in  rule 1.720(b)  are physically present. (f)  Agreement. Any agreements reached as a... 74. Maroni v. Pemi-Baker Regional School Dist., 346 F.3d 247, 2003 WL 22309630, 181 Ed. Law Rep. 357, , C.A.1 (N.H.), October 09, 2003   ...claims. 8 FN7.  In drawing such a distinction, the Third Circuit in  Collinsgru  relied, inter alia, on a presumption against allowing parents to seek review regarding substantive claims, based on two rationales:  (1) that implied rights of action are disfavored, and that allowing parents to proceed pro se on substantive claims is analogous to creating an implied right of action, and (2) that Congress legislates against the background of the common law, and that at common law, a non-lawyer may not represent another person in court. See  Collinsgru,  161 F.3d at 231-34    As to the first rationale, Congress has already created an express right... 75. Shaulis v. Pennsylvania State Ethics Com'n, 574 Pa. 680, 833 A.2d 123, 2003 WL 22249751, , Pa., October 01, 2003   ...act on behalf of any other person in any activity which includes, but is not limited to, the following:  personal appearances, negotiations, lobbying and submitting bid or contract proposals 65 Pa.C.S. §  1102    One hardly needs to be a lawyer to perform these functions.    This is representation before a “governmental body,” not a court; one has only to walk into the seat of government to see flocks of non-lawyers representing others before the government.    The Board of Revenue and Finance allows one to “appear on his own behalf or be represented by a person possessing the requisite technical education, training or experience.  There is... 77. Smagula v. Town of Hooksett, 149 N.H. 784, 834 A.2d 333, 2003 WL 21998623, , N.H., August 25, 2003   ...issue of whether the town could use data unavailable to landowners.   RSA 31:95-a 675:5 Nancy B. Winneg,  non-lawyer representative appearing by approval of the Supreme Court under Rule 33(2), by brief and orally, for the plaintiff. Upton & Hatfield , of Concord ( Barton L. Mayer  on the... 92. The Florida Bar v. Abreu, 833 So.2d 752, 2002 WL 31662604, 27 Fla. L. Weekly S989, , Fla., November 27, 2002   ...by filing a response to this Court's order to show cause, but elected not to do so. [2]  Further, this Court has held that representing individuals at hearings before the INS, except to the extent INS regulations allow representation of the individual by a nonlawyer, constitutes UPL.  See  Florida Bar v. Corpa Immigration Services,  642 So.2d 548 (Fla.1994) Florida Bar v. Aberasturia,  529 ...   ...or a law student, may represent individuals in immigration proceedings, provided that the following conditions are met: (i) He is appearing on an individual case basis, at the request of the person entitled to representation; (ii)  He is appearing without direct or indirect remuneration and files a written declaration to that effect; (iii) He has a pre-existing relationship ...   ...waived, as a matter of administrative discretion, in cases where adequate representation would not otherwise be available; and (iv) His appearance is permitted by the official before whom he wished to appear (namely, a special inquiry officer, district director, officer-in-charge, regional commissioner, the Commissioner, or the Board), provided that  such... 103. Tyler L. v. Poway Unified School Dist., Not Reported in Cal.Rptr.2d, 2002 WL 423467, Not Officially Published, Cal.App. 4 Dist., March 19, 2002   ...842 F.2d 58  and  In re Arons  (2000) 756 A.2d 867  establish that a lay advisor may not appear as an attorney for a party involved in a due process hearing, and urges that we should adopt the rationale of these cases.  In  Arons v. New Jersey State Bd. of Educ., supra,  the relevant state law permitted nonlawyers to represent parents in a due process hearing, and the court evaluated the narrow issue of whether attorney fee awards were required when a nonattorney was the advocate for the parent ...   ...Arons, supra,  756 A.2d 867  considered a different issue: whether IDEA preempted state law and  required  a state to allow lay advisors to represent parents at due process hearings.  The Delaware Supreme Court concluded there was no intent to preempt state law, and that IDEA did not require states to allow lay advisors to represent parents at due process hearings.  Id.  at pp. 870-873.) Whether federal preemption compels  a state to allow lay advisors to represent parties is distinct from whether California  may  allow lay advisors to represent parties. 8 FN8.  The statutory scheme neither expressly permits nor bars the use of lay advocates... 110. Dude v. Lesperance, Not Reported in N.W.2d, 2002 WL 181276, , Wis.App., February 05, 2002   ...30  and  Jadair  that a non-attorney cannot engage in the practice of law.  Wisconsin Stat.  §  799.06(2)  allows a non-lawyer who is a full-time authorized employee of a corporation to represent that corporation in an appeal ...   ...a corporation and Russel is not a “full-time authorized employee.”  Therefore, the exception does not apply.  However, the supreme court may wish to consider whether the rules of non-lawyers representing parties are different in small claims appeals.  See  Littleton v. Langlois,  37 Wis.2d 360, 363, 155 N.W.2d 150 ...   ...objective of small claims procedure is speedy and inexpensive justice, the trial court has the discretion to determine whether an appearance by other than an attorney or the actual party would constitute the practice of law to a prohibited degree). Dude... 115. Holmes v. Holmes, Not Reported in A.2d, 2001 WL 34012428, , N.H.Super., October 15, 2001   ...2d 1255, 1262-63 (5th Cir.1983) , and that this rule does not change when a party seeks to be represented by a non-lawyer,  see State v. Dukette,  127 N.H. 540, 543-44 (1986)  (trial court did not err in refusing to allow public defender to withdraw so that defendant could be represented by lay person prohibited by court injunction from engaging in the unauthorized practice of law).  In this case, plaintiff's right to be represented by a “citizen ...   ...unusual happening.  This construction of the term “commonly” is completely consistent with the supreme court's analysis in  Bilodeau. There the court cited approvingly cases from other jurisdictions which had held that statutes similar to RSA 311:1 were intended to allow “only   isolated instances of legal representation”  by non-lawyers.  123 N.H. at 44 See also State v. Settle,  129 N.H. 171, 180 (1987) RSA 311:1 “merely provides an opportunity for lay counsel to appear in an individual case.  It could not provide a blanket exception allowing lay counsel to file appearances as a matter of course Beyond the fact that Mr. Kamasinski's activities of providing legal representation to clients in up... 119. Richstone v. Bell Atlantic, Not Reported in N.Y.S.2d, 2001 WL 1537394, 2001 N.Y. Slip Op. 40313(U), , N.Y.City Civ.Ct., July 05, 2001   ...in the ability of his attorney-in-fact to do so. New York law contains several provisions that permit a non-lawyer to appear in court in the place of a party, such as  CPLR article 12  [pertaining to the appointment of a guardian ad litem ...   ...York Life Insurance Co. v. V.K., 184 Misc2d 727 (NYC Civil Ct NY CO 1999) NYCCA § 1809  [pertaining to the appearance on a small claim of a corporation by a non-lawyer, who is an officer, director or employee with requisite authority]; and  NYCCA § 1815  [pertaining to court permission in the interest of justice that a non-lawyer related by consanguinity or affinity represent a party due to that party's age, mental or physical capacity or other disability.] Citing the “substantial justice” criterion in... 120. Interstate North Sporting Club v. Cobb County Bd. of Tax Assessors, 250 Ga.App. 221, 551 S.E.2d 91, 2001 WL 717448, 01 FCDR 2090, , Ga.App., June 27, 2001   ...this state.    As Justice Sears noted in her concurring opinion:   “By permitting lay persons to serve as a corporation's  legal representative in courts not of record, the majority has prudently allowed corporations to be represented by non-lawyers in forums which include, among others:   administrative tribunals Eckles,  267 Ga. at 806-807, 485 S.E.2d 22  (Sears, J... 127. Yellow Page Consultants, Inc. v. Regal Carpet Cleaning Co., Inc., Not Reported in A.2d, 2001 WL 34093370, 29 Conn. L. Rptr. 132, , Conn.Super., January 29, 2001   ...were limited in nature and therefore there are some gaps in reciting the procedural history of the case.  The defendant appeared in court through a nonlawyer corporate representative.  The plaintiff complains that a lawyer has been writing the pleadings that she has signed and that such assistance constitutes... 128. Kansas Bar Ass'n v. Judges of Third Judicial Dist., 270 Kan. 489, 14 P.3d 1154, 2000 WL 1838335, , Kan., December 15, 2000   ...a). The KBA and the Eulers argue that the small claims statutes as amended in 1999 are unconstitutional because they allow nonlawyers to represent parties in small claims court, thus fostering the unauthorized practice of law and infringing on the right of the judicial branch to regulate the practice... 129. People v. Dunson, 316 Ill.App.3d 760, 737 N.E.2d 699, 250 Ill.Dec. 77, 2000 WL 1612313, , Ill.App. 2 Dist., October 24, 2000   ...courts of law be attorneys-at-law;  a layperson may appear only in his or her own behalf). Numerous jurisdictions appear to subscribe generally to the nullity or voidness rule or some variation of it.    See,  e.g.,  McKenzie v. Burris,  255 ...   ...Russell v. Dopp,  36 Cal.App.4th 765, 42 Cal.Rptr.2d 768 (1995)  (general American rule is that unlicensed person cannot appear in court for another, and the resulting judgment is a nullity;  however, client's failure to discover earlier that her attorney was unlicensed was not fatal to her motion for new trial;  client did not knowingly participate in fraud;  representation by unlicensed person is fraud upon unknowing client and fraud upon the court;  strictures against unlicensed practice of law are to protect the public and protection of the litigation process itself;  however, reversal ...   ...interests of the party victimized);   Turkey Point Property Owners' Ass'n v. Anderson,  106 Md.App. 710, 666 A.2d 904 (1995)  (nonlawyer's filing of petition and representation of association at trial rendered petition as well as trial proceedings a nullity;  judgment vacated);   Gonsior v. Alternative Staffing, Inc.,  390 N.W.2d 801 (Minn.App.1986)  (under general nullity rule, appeal by one not licensed to represent another would be dismissed where client consciously chose to be represented by nonattorney;  under the facts, rule would be applied in future);   Niklaus v. Abel Construction Co.,  164 Neb. 842, 83... 130. In re Amendments to the Florida Small Claims Rules, 785 So.2d 401, 2000 WL 1508546, , Fla., October 12, 2000   ...stipulations of fact.    The court shall forthwith set the case for trial within the time prescribed by these rules. (f)  Appearance at Mediation.    In small claims actions, an attorney may appear on behalf of a party at mediation if the attorney has full authority to settle without further consultation.    Unless otherwise ordered by the court, a nonlawyer representative may appear on behalf of a party to a small claims mediation if the representative has the party's signed written authority to appear and has full authority to settle without further consultation.    In either event, the party need not appear in person. (g)  Agreement. Any agreements reached as a result of small claims mediation shall be written in the form... 131. Amendments To The Florida Family Law Rules of Procedure and Family Law Forms, 810 So.2d 1, 2000 WL 1352932, 25 Fla. L. Weekly S708, 26 Fla. L. Weekly S13, , Fla., September 21, 2000   ...IN AND FOR   COUNTY, FLORIDA Case No.:  Division:  Petitioner, and Respondent. DISCLOSURE FROM NONLAWYER     I,  {full legal name} , certify that  {nonlawyer's full legal and trade names} , explained to me that he or she is  not  an attorney who is a member ...   ...he or she CANNOT: 1) give me legal advice; 2) tell me what my legal rights or remedies are; 3) represent me in court; or 4) tell me how to testify in court.     This nonlawyer further explained to me that  he or she CAN ONLY: 1) help me fill out forms that have been approved by the Supreme Court of Florida; 2) ask me questions to fill in the form(s); and 3) show or... 134. In re Arons, 756 A.2d 867, 2000 WL 967443, 146 Ed. Law Rep. 763, , Del.Supr., July 06, 2000   ...Constituting Practice of Law in General 45 11(2   1)  k. In General. In determining whether IDEA authorized non-attorneys to represent families of children with disabilities in “due process” hearings held by Delaware Department of Public Instruction pursuant to IDEA, Supreme Court was not bound by letter from acting General Counsel of United States Department of Education, expressing his opinion that such representation was allowed; Department overlooked inherent and presumptive representational authority with which counsel are cloaked and non-lawyers are not, and Department selectively chose statements made by two lawmakers, while placing no weight on Senate Report, Senate Conference Report, or remarks of third Senator Williams indicating that lay representation was not authorized.  Individuals with Disabilities Education Act, §  615(f), (h)(1), as amended,  20 U.S.C.A. §  1415(f... 137. State, Dept. of Ins. v. Florida Bankers Ass'n, 764 So.2d 660, 2000 WL 628005, 25 Fla. L. Weekly D1219, , Fla.App. 1 Dist., May 17, 2000   ...The non-attorney-represented bank shows no statute or rule authorizing a fee to it;  it instead cites the rule allowing non-attorney representation by a qualified representative,  Florida Administrative Code Rule 60Q-2.008 1  Nothing in this rule authorizes an attorney's fee to a non-lawyer.    The non-attorney-represented bank also cites cases where courts were called upon to determine whether a party engaged in the unauthorized practice of law;  nothing in these cases authorizes an attorney's fee to a non-lawyer.    If there is to be payment for such non-attorney representation, such must come from legislative enactment.    The judge below... 140. Pryor v. Mid-West Investigations & Process Serving, Inc., 999 P.2d 452, 2000 WL 298097, 2000 OK CIV APP 22, , Okla.Civ.App. Div. 1, February 04, 2000   ...because defendant was intentionally evading service;  (3) that appellant was denied due process because the president of defendant corporation, a non-lawyer, was allowed to represent the corporation in small claims court;  and (4) the defendant's president breached his fiduciary duty to the corporation and the trial court should have thus refused to allow its president, Mark McKee, to represent the corporation in small claims court. FN3. Title 12 O.S. Supp.1996 §  2004(C)(6)  provides as follows: “If service cannot be made by personal... 141. U.S. ex rel. Schwartz v. TRW Inc., 118 F.Supp.2d 991, 2000 WL 1617747, , C.D.Cal., January 14, 2000   ...9th Cir.1987)    This rule applies to all “artificial entities” and thus, would encompass the United States. FN2.  The Supreme Court noted that in two cases, federal courts have allowed non-lawyers to represent artificial entities.    The Court effectively overruled the cases explaining that they  “neither follow federal precedent nor have themselves been followed ...   ...United States ex rel. Tyler v. California,  holding that a qui tam relator could not proceed in propria persona.    The court reached this conclusion by relying on case law holding that non-lawyers may not represent artificial entities before a court and the Eighth Circuit's ruling that a lay person could not represent the United States in a qui tam action. Id.  at 2-3.    The district court held that  “[a]lthough [the relator ...   ...necessary representation of the United States' interests herein would contravene these well-settled principles.    Consequently, [the relator] will not be allowed to proceed on this motion in  propria persona. Id.  at 4. 2.  Analogous Types of Claims Stockholder derivative lawsuits and... 145. Florida Public Employees Council 79, AFSCME, AFL-CIO v. Jacksonville Employees Together, 738 So.2d 489, 1999 WL 569617, 161 L.R.R.M. (BNA) 3183, 24 Fla. L. Weekly D1846, , Fla.App. 1 Dist., August 05, 1999   ...upon  The  Florida Bar v. Moses,  380 So.2d 412 (Fla.1980)    We consider  Moses  factually inapposite.    There, the supreme court was asked to determine whether Edward Moses, a non-lawyer labor specialist, had engaged in the unauthorized practice of law by representing the Escambia County School Board against charges of unfair labor practices in a hearing before PERC.  Section 120.62(2), Florida Statutes (1975) , provided then, as it substantially does now: Any person compelled to appear, or who appears voluntarily, before any hearing officer or agency in an investigation or in any agency proceeding has the right, at his ...   ...62(2) , PERC had promulgated rule 8H-4.13(a), which stated simply: Any party shall have the right to appear at any hearing in person, by counsel, or by other representative. Id.  at 414.    PERC had permitted Moses to appear before it pursuant to rule 8H-4.13(a). The supreme court first determined that defending the school board against charges of unfair labor practices constituted the practice of law.    It further observed that while the court is constitutionally obliged to protect the public from the unauthorized practice of law, the legislature is also constitutionally authorized to oust the court from such obligation by enacting laws like  section 120.62(2) , permitting non-lawyers to represent persons before agencies. Id.  at 417-18. Section 120.62(2) , however, permitted only “qualified representatives” to appear in agency proceedings, whereas PERC's rule 8H-4.13(a) failed to include standards that would insure that such representatives... 147. Marshall-Steele v. Nanticoke Memorial Hosp., Inc., Not Reported in A.2d, 1999 WL 458724, , Del.Super., June 18, 1999   ...to represent Employer before the Appeals Referee, the decision to permit the representation was harmless error. In  Brainard,  the Superior Court held that a nonlawyer employee of an employer could represent the employer at the administrative level.  The Court held: In the instant case, it was not error to allow the appellee, employer to be represented by a non-lawyer employee of the corporation, at the administrative level.  The Delaware Unemployment Compensation Law is administered by the Delaware Department of ...   ...corporation or association may be represented by an officer or by a  duly authorized representative 29  Del. C.  §  10114  allows an agency to adopt its rules and regulations.  29  Del. C .  §  10161(b)  holds that  §  10114  is applicable... 148. Renaissance Enterprises, Inc. v. Summit Teleservices, Inc., 334 S.C. 649, 515 S.E.2d 257, 1999 WL 157643, , S.C., March 22, 1999   ...M. Babb, Individually, Petitioners, v. SUMMIT TELESERVICES, INC., Respondent. No. 24922. Submitted Feb. 18, 1999. Decided March 22, 1999. Shareholder representing corporation in matter pending before the Court of Appeals petitioned for a ruling on whether non-lawyers could represent a corporation in circuit or appellate courts.  The  Supreme Court Moore , J., held that a non-lawyer cannot represent a corporation in circuit or appellate courts, but corporation may appear pro se in magistrate's court. Remanded West Headnotes [1] 101  Corporations 101XI  Corporate Powers and Liabilities 101XI(F)  Civil Actions 101 508  k. Appearance and Representation by Attorney. Non-lawyer cannot represent a corporation in circuit or appellate courts, but corporation may appear pro se in magistrate's court.   Code 1976, §  40-5-320(A)(1) [2] 106  Courts 106II  Establishment, Organization, and Procedure 106II(F)  Rules of ...   ...However, in  In re Unauthorized Practice of Law,  309 S.C. 304, 422 S.E.2d 123 (1992) , we modified  Wells “to allow a business to be represented by a non-lawyer officer, agent or employee, including attorneys licensed in other jurisdictions and those possessing Limited Certificates of Admission pursuant to  Rule 405, SCACR , in civil magistrate's court proceedings.” 1 We have never ruled on the issue whether a non-lawyer can represent a corporation in circuit or appellate courts.    We now hold a non-lawyer cannot represent a corporation in circuit or appellate courts. FN1.  Recently, we stated that non-attorneys may not represent the State in guilty pleas and plea negotiations in cases ...   ...in  all  courts. See e.g.  Nicollet Restoration, Inc., supra.    See generally  Jay M. Zitter, Annotation,  Propriety and Effect of Corporation's Appearance Pro Se Through Agent Who Is Not Attorney  8 A.L.R.5th 653 (1992)    Some jurisdictions, however, allow a corporation to  represent itself through a director or an officer only in small claims court or a court which... 150. In re Ellingson, 230 B.R. 426, 1999 WL 76271, , Bkrtcy.D.Mont., February 16, 1999   ...Authority 45 62  k. Rights of Litigants to Act in Person or by Attorney. While debtor has inalienable right to represent himself, court is not required to allow debtor to obtain representation from nonlawyer. [Note that althoughthe court is not required to allow the representation, it appears that the court is required to disallow the representation. If this is your area of interest, read the case.] [8] 45  Attorney and Client 45I  The Office of Attorney 45I(A)  Admission to Practice 45 11  Practitioners Not Admitted... 154. Fanning, Phillips, Molnar v. West, 160 F.3d 717, 1998 WL 789849, , C.A.Fed., November 12, 1998   ...of Veterans Appeals.    The DAV employed both licensed attorneys and non-licensed lay personnel to represent veterans seeking benefits.    The Court of Veterans Appeals allows representation by unsupervised non-lawyers under certain conditions.    We noted that the services of the DAV non-lawyer practitioner in that case would have qualified ...   ...under  5 U.S.C. §  504    However, because the applicant was seeking reimbursement pursuant to  5 U.S.C. §  2412 , which only allows for recovery of attorney fees, the agent's fees were not recoverable.    In this case, Mr. Molnar was not a specialized ...   ...appellants to hire such outside  agents. See 38 C.F.R. §  1.783    The Board does, however, permit a partnership to appear through one of its members, but this is not the same as hiring an outside, specialized non-attorney practitioner to... 157. In re Darlene C., 247 Conn. 1, 717 A.2d 1242, 1998 WL 635508, , Conn., September 15, 1998   ...211VIII(D)  Proceedings 211 197  k. Petition, Pleadings, and Issues. Since rule of practice promulgated by judges of the Superior Court acting on behalf of the judicial branch expressly authorized nonlawyer representatives of the Commissioner of the Department of Children and Families to prepare, sign, and file termination petitions, statute allowing nonlawyer representatives to prepare and file such petitions did not intrude impermissibly into the judicial sphere, so as to violate the separation ...   ...112 Practice Book 1998, §  26-1( l [4] 212  Injunction 212III  Actions for Injunctions 212 115  k. Process and Appearance. 212  Injunction 212III  Actions for Injunctions 212 130  k. Trial or Hearing. Trial court should not have issued injunction, which prohibited nonlawyer representatives of the Commissioner of the Department of Children and Families from preparing and filing termination petitions, sua sponte and without... 167. Ex parte Ghafary, 738 So.2d 778, 1998 WL 12622, , Ala., January 16, 1998   ...So.2d 75, 76 n. 1 (Ala.1990) , a personal representative who had been represented by an attorney at trial appeared pro se on appeal.    In  Vaughn,  however, this Court did not address the issue whether a nonlawyer personal representative could appear before the courts of this state.    [Someone has to read Vaughn as well as this case, Ghafary.]  See  Walding v. Blue Cross & Blue Shield of Alabama, Inc.,  577 So.2d 853, 855 (Ala.1991... 170. Enochs v. Martin Properties, Inc., 954 P.2d 124, 1997 WL 677969, 1997 OK 132, , Okla., October 28, 1997   ...Compensation 413XVI  Proceedings to Secure Compensation 413XVI(A)  In General 413 1176  Jurisdiction of Boards and Commissions 413 1183  k. Appearance. On appeal in workers' compensation case brought against employer, its parent corporation and parent corporation's nonlawyer shareholder, Court of Civil Appeals improperly declared corporate respondents in default for want of appearance in case based on shareholder's allegedly legally ineffective appearance on behalf of the corporate respondents, where Workers' Compensation Court had accepted shareholder as recognized representative for all respondents, and respondents were not given advance notice of default with opportunity to cure defect.  Workers' Compensation  Rules 2 7, 85 O.S.A. Ch. 4 , App.;   District Courts Rule 10 12 O.S.A. Ch. 2 , App. [9] 413  Workers' Compensation 413XVI  Proceedings to Secure Compensation 413XVI(A)  In General ...   ...COCA's opinion for the reasons to be explained in Parts III through V, infra.    We remand the case to the Court of Civil Appeals for review, to be conducted on the full record developed before the trial tribunal and unhampered by the perceived challenge to Martin's appearance as a nonlawyer representative for the corporate respondents. 2 FN2. See, e.g., In re Estate of Whitlock , 1988 OK 10, 754 P.2d 862 ...   ...no basis for COCA's  original  declaration that all the respondents in the claim were in default for want of authorized appearance in the trial tribunal.    One respondent can offer testimony to be effective as a joint defense.    It would inure to the benefit of all respondents without offending the Workers' Compensation Court's rule against nonlawyer representation of corporate parties.    COCA's original declaration holding in default several respondents who, with leave of the trial tribunal, had made an unchallenged appearance in the case below, deprives these parties of an opportunity to receive advance notice of their default and to have... 175. Congress Re-Insurance Corp., Inc. v. Archer-Western Contractors, Ltd., 226 Ga.App. 829, 487 S.E.2d 679, 1997 WL 327368, 97 FCDR 2364, , Ga.App., June 16, 1997   ...§  15-19-51(a) [4] 101  Corporations 101XI  Corporate Powers and Liabilities 101XI(F)  Civil Actions 101 508  k. Appearance and Representation by Attorney. Nonlawyer may represent corporation only in court that is not court of record. [5] 309  Principal and Surety 309IV  Remedies of Creditors 309 153  k. Process and Appearance. Surety that issued ...   ...answer on behalf of Hawkins. “Only a duly licensed attorney may answer a complaint for a person who does not appear pro se. OCGA §  15-19-51(a) Keith v. Alexander Underwriters, Etc.,  219 Ga.App. 36, 38, 463 S.E.2d 732 (1995)    After the date of publication in the advance sheets of the Supreme Court's decision in  Eckles v. Atlanta Technology Group,  267 Ga. 801, 485 S.E.2d 22 (1997),  a non-lawyer may represent a corporation only in a court that is not a court of record.    Before that date, representation of a corporation “pro se” by its “chairman” or other appropriate agent was permitted... 178. Eckles v. Atlanta Technology Group, Inc., 267 Ga. 801, 485 S.E.2d 22, 1997 WL 265719, 97 FCDR 1239, , Ga., April 04, 1997   ...specially. SEARS , Justice, concurring specially. I commend the majority's foresight in recognizing that a pro se prohibition against pro se appearances by corporations is not necessary in certain tribunals, and might, in fact, impose undue hardships.    By permitting lay persons to serve as a corporation's legal representative in courts not of record, the majority has prudently allowed corporations to be represented by non-lawyers in forums which include, among others:  (1) the magistrate courts which are  required to exist in every county of this state;  1   (2) administrative tribunals;  2   and (3) most city and municipal courts. 3   I believe it possible, however, that extraordinary circumstances could warrant permitting a corporation to appear pro se in a court of record.    On such rare occasions and upon proper application, I would permit trial judges, in the exercise of their wise discretion, to consider whether the circumstances are so exceptional that they justify allowing a pro se corporate appearance. FN1.  See  Bowen v. Ball,  215 Ga.App. 640, 642, 451 S.E.2d 502 (1994) OCGA §  15-10-1 (1994... 181. Travelers Ins. Co. (NC) v. Roof Doctor, Inc., 325 S.C. 614, 481 S.E.2d 451, 1997 WL 68018, , S.C.App., January 31, 1997   ...rule was modified in  In re:  Unauthorized Practice of Law Rules,  309 S.C. 304, 422 S.E.2d 123 (1992)  to allow a non-lawyer, officer, agent, or employee to represent a business entity under  South Carolina Code Ann. §  40-5-80 (1986)  in civil magistrate's court proceedings.    The President's actions in this case constitute the unauthorized practice of law.    Accordingly, the motion to dismiss the appeal... 182. U.S. v. Cocivera, 104 F.3d 566, 1996 WL 754875, , C.A.3 (Pa.), December 26, 1996   ...rule. Rowland,  506 U.S. at 202 n. 5, 113 S.Ct. at 721 n. 5 The government's citation to the district court decision in  Willheim v. Murchison,  206 F.Supp. 733 (S.D.N.Y.1962) , allowing a stockholder and non-lawyer to represent himself and other similarly situated stockholders in a derivative action, is surprising in light of the criticism of the reasoning of  Willheim  by the court of appeals of that circuit. See  Phillips v. Tobin,  548 F.2d 408, 411 n. 4 (2d Cir.1976)  (refusing to allow a stockholder to file pro se in a derivative suit). We thus find that none of the cases cited by... 184. In re Amendments to Florida Rules of Civil Procedure, 682 So.2d 105, 1996 WL 627562, 21 Fla. L. Weekly S489, , Fla., October 31, 1996   ...f)  shall apply unless the case is sent to a mediation program provided at no cost to the parties. (e)  Appearance at Mediation.   In small claims actions, an attorney may appear on behalf of a party at mediation provided that the attorney has full authority to settle without further consultation.   Unless otherwise ordered by the court, a nonlawyer representative may appear on behalf of a party to a small claims mediation if the representative has the party's signed written authority to appear and has full authority to settle without further consultation.   In either event, the party need not appear in person.   In any other county court action, a party will be  deemed to appear if the persons set forth in  rule 1.720(b)  are physically present. (f)  Agreement.   Any agreements reached as a... 186. Gibson v. North Delaware Realty Co. Stoneybrook Townhomes, Not Reported in A.2d, 1996 WL 453414, , Del.Super., June 06, 1996   ...18, 1990) (ORDER). On March 3,  1995, Supreme Court Rule 57  became effective.    The new rule enabled corporations to be represented by certain types of non-lawyers in civil actions in Justice of the Peace Courts.    However, those persons had to follow certain certification steps in that court.    It is uncontradicted that Stoneybrook's corporate representative at the May 10, 1995 trial did not have the requisite certification and should not have been allowed to represent the corporation at the trial. After hearing evidence, the Justice of the Peace awarded Stoneybrook possession of the... 187. Sunde v. Contel of California, 112 Nev. 541, 915 P.2d 298, 1996 WL 219157, , Nev., May 01, 1996   ...motion in this court to order Sunde and Westcom to obtain counsel in this appeal.    Sunde opposes the motion. DISCUSSION Non-lawyers generally may not represent another person or an entity in a court of law. Rowland v. California Men's Colony,  506 U.S. 194, 201-03, 113 S.Ct. 716, 721, 121 L.Ed.2d 656 (1993)    Some courts have allowed non-lawyers to represents entities in court under certain circumstances. See, e.g.,  Vermont ANR v. Upper Valley Reg. Landfill,  159 Vt. 454, 621 A.2d 225, 228 ...   ...State Bar,  74 Nev. 186, 189-90, 326 P.2d 408, 410 (1958) see also NRS 7.285  (no person allowed to practice law in Nevada unless admitted to State Bar). Sound policy reasons support requiring entities to be represented only... 189. State v. Robinson, 321 S.C. 286, 468 S.E.2d 290, 1996 WL 132579, , S.C., March 18, 1996   ...reward on account of such prosecution or defense or for any other matter relating to the cause. 1 FN1.  This Court has also construed  §  40-5-80  to allow a nonlawyer officer, agent, or employee to represent a business in civil magistrate's court for compensation. In re:  Unauthorized Practice of Law Rules,  309 S.C. 304, 422 S.E.2d 123 (1992) (emphasis added).    Robinson... 191. Seisay v. Compagnie Nationale Air France, Not Reported in F.Supp., 1996 WL 38844, , S.D.N.Y., February 01, 1996   ...held on January 30, 1996 at 11:30AM in Courtroom 519 (40 Centre Street).  If plaintiff's present counsel has been allowed to withdraw, plaintiff must attend by counsel or in person (or, for purposes of this conference only, by a non-lawyer representative), or request in writing beforehand an extension and detail how plaintiff intends to comply with his discovery obligations; otherwise the complaint likely will be dismissed for failure to prosecute and failure to obey Court orders. Neither plaintiff nor plaintiff's counsel appeared at the January 30, 1996 conference. ANALYSIS It is well-settled that non-payment of fees is a valid basis ...   ...ambiguity in the Court's December 15, 1995 Order.  Accordingly, in fairness to plaintiff, he will be given another chance to appear.  A discovery conference will be held before the undersigned on February 29, 1996 at 10:00AM in Courtroom 20D (500 Pearl Street).  Plaintiff must attend by counsel or in person (or, for purposes of this conference only, by a non-lawyer representative, provided said representative is given written power of attorney to act for plaintiff and a copy of that document is provided to the Court at the conference).  If plaintiff does not attend, I will recommend to Judge Keenan that the complaint be dismissed for... 192. In re Hessinger & Associates, 192 B.R. 211, 1996 WL 33979, Bankr. L. Rep.  P 76,917, , N.D.Cal., January 22, 1996   ...extreme pressure on its employees to sign up all persons who responded to the firm's advertisements as clients and by allowing nonlawyers to interview clients and to prepare their petitions, violated  Rule 3-110(A) , which prohibits attorneys from intentionally, recklessly ...   ...legal services competently.    Appellant makes a number of vague factual objections to this finding.    First, appellant argues that the bankruptcy court did not allow its lawyers to enter evidence which would show that the nonlawyer members of the firm's staff were adequately supervised and that the firm agreed to represent only 50% of the persons who expressed interest in the firm's services.    This argument echoes appellant's due process argument which... 193. Cook v. Brown, 68 F.3d 447, 1995 WL 598765, , C.A.Fed., October 11, 1995   ...codified as amended at 28 U.S.C. §  2412(d) , authorizes an award of fees for the services of an unsupervised nonlawyer representative appearing before the Court of Veterans Appeals on behalf of a veteran appealing a denial of benefits.    The Court of Veterans Appeals denied such ...   ...1) (Supp. V 1993)    DAV personnel also do not charge veterans for representation before the Court of Veterans Appeals. The Court of Veterans Appeals' constitutive statute and Rules of Practice and Procedure permit representation in that court by unsupervised nonlawyers such as Mr. Marshall. Section 7263(b) of Title 38  provides that  “[i]n addition to members of the bar admitted to practice before the Court in accordance with [the court's] rules of practice, the Court may allow other persons to practice before the Court who meet standards of proficiency prescribed in such rules of practice.” 38 U.S.C ...   ...represent appellants before the Court, may be admitted to practice before the Court Ct.Vet.App.R. 46(b)    Mr. Marshall entered an appearance on behalf of Appellant as a “Representative and Non-Attorney Practitioner” admitted to practice before the court under  Rule 46... 195. People v. Stewart, 892 P.2d 875, 1995 WL 150045, , Colo., April 03, 1995   ...practice law). B The respondent started a sole law practice in the fall of 1992.    She was approached by a nonlawyer who suggested that she could represent more clients if he took charge of marketing and management, and organized her office so that all preliminary matters would be handled by him and others, freeing her to make court appearances.    The respondent agreed to employ the nonlawyer. In November 1992, a prospective client sought the respondent's representation on traffic charges... 198. Cecil v. T.M.E. Investments, Inc., 893 S.W.2d 38, 1994 WL 718055, , Tex.App.-Corpus Christi, December 29, 1994   ...307AII(C)  Discovery Depositions 307AII(C)5  Use and Effect 307A 201  Use 307A 202  k. Admissibility in General. Fact that nonlawyer employed by law office that represented first defendant conducted portion of deposition of settling defendant who did not appear at trial did not require exclusion of that deposition and, thus, trial court erred reversibly by sustaining second defendant's objection based on nonlawyer's participation;  while it was apparent to all parties that plaintiff would rely on that deposition at trial, only second defendant was aware that portion of deposition was conducted by nonlawyer, and second defendant should not have waited until trial to raise its objection. [4] 307A  Pretrial Procedure 307AII  Depositions and... 199. Brown v. Ortho Diagnostic Systems, Inc., 868 F.Supp. 168, 1994 WL 668261, , E.D.Va., November 22, 1994   ...On this question  Rule 17  is silent and is therefore inapplicable.    Applicable instead is the general supervisory power of federal courts to determine whether a nonlawyer will be allowed to represent another person in court. [2]  There is no dispute that Mr. Brown can litigate his own claim  pro se.    Indeed, his right to do ...   ...his minor child's lawyer in court. [7]  This case falls squarely within the ambit of the principles that militate against allowing non-lawyers to represent others in court.    As a layman, Mr. Brown lacks the legal training necessary to pursue this complex products-liability action effectively.    He is... 201. Disciplinary Matter Involving Burrell, 882 P.2d 1257, 1994 WL 560893, , Alaska, October 14, 1994   ...address the claims raised in Burrell's motion to dismiss petition to revoke probation. A.  Equal Protection [2]  Burrell claims that nonlawyers may represent corporations as officers of the corporations before the State Commission for Human Rights, in district court small claims proceedings, and in district court civil proceedings.    He claims that denying him the right to represent corporations of which he is an officer, merely because ...   ...prosecuted or defended by a party in person or by attorney.    However, (2) a corporation, either public or private, shall appear by an attorney in all cases unless an exception to the corporation's appearance by an attorney has been explicitly made by law. This statute governs all state court and state agency proceedings.    Contrary ...   ...Burrell's contention, no provision of the Alaska Administrative Code contains an explicit exception to the rule that a corporation must appear by an attorney. 1   Further, no such exception appears in the Alaska rules pertaining to non-small claim matters in district court.    Thus, as to Counts I and V (as well as to Counts II and IV which do not involve court or administrative appearances), the premise for Burrell's equal protection argument does not apply. FN1. 6 AAC 30.440(b)  provides: The parties may... 202. Trope v. Katz, 33 Cal.App.4th 1262, 28 Cal.App.4th 1409, 34 Cal.Rptr.2d 219, 1994 WL 540719, Review Granted, Cal.App. 2 Dist., October 05, 1994   ...I [1] City of Long Beach v. Sten, supra,  206 Cal. 473, 274 P. 968,  unequivocally holds  that a lawyer appearing pro se is not entitled to recover attorney's fees for legal services performed on the lawyer's own behalf. 4   The ...   ...attorney's fees. 5 City of Long Beach v. Sten, supra,  206 Cal. at p. 474, 274 P. 968.) The Supreme Court affirmed the trial court's disallowance of attorney's fees to the lawyer defendant who represented himself, but, ironically, affirmed the allowance of attorney's fees to his non-lawyer co-owner for the services performed by the lawyer-owner. FN4.  In the remainder of this decision, for brevity,  City ...   ...and engineering fees, actually incurred because of such proceeding.” Having paid homage to the  Sten  case and its progeny, the Court of Appeal then relied on a footnote taken from a later Supreme Court decision which had allowed a  nonlawyer  representational fees for filing and pursuing a matter before the Public Utilities Commission (PUC). 7   In  Consumers Lobby Against Monopolies v... 204. In re Florida Rules of Civil Procedure, Florida Rules for Certified and Court-Appointed Mediators, and Proposed Florida Rules for Court-Appointed Arbitrators, 641 So.2d 343, 1994 WL 474911, 19 Fla. L. Weekly S584, , Fla., April 14, 1994   ...unless the case is sent to a mediation program provided at no cost to the parties. (c) (e) Settlement Authority Appearance at Mediation If a party gives counsel or another representative authority to settle the matter, the party need not appear in person.   Counsel or other representative may speak for the party in the mediation conference. In small claims actions, an attorney may appear on behalf of a party at mediation provided that the attorney has full authority to settle without further consultation.   Unless otherwise ordered by the court, a nonlawyer representative may appear on behalf of a party to a small claims mediation if the representative has the party's signed written authority to appear and has full authority to settle without further consultation.   In either event, the party need not appear in person.   In any other county court action, a party will be deemed to appear if the persons set forth in  rule 1.720(b)  are physically present. (d) (f)  Agreement.   Any agreements reached as... 205. In re Tanksley, 174 B.R. 434, 1994 WL 631238, , Bkrtcy.W.D.Va., February 28, 1994   ...definition of the practice of law when the Virginia rules are otherwise applicable. FN3.  The Supreme Court of Virginia has approved two Unauthorized Practice of Law Opinions regarding bankruptcy proceedings.    UPL Opinion No. 58, effective July 1, 1984, holds that an ...   ...an attorney cannot prepare a proposed order to be entered in the bankruptcy proceeding.    The opinion also states that: A nonlawyer employee of a corporation may represent his employer before a tribunal, including a bankruptcy court, so long as his activities before the tribunal are limited to the presentation of facts, figures or factual conclusions, as ...   ...an employee of a bank would constitute the unauthorized practice of law. Neither UPL Opinion No. 58 or No. 113A appears to have involved representation at a meeting of creditors, however. This court is aware that some courts have found that... 209. People v. Roselle, 193 A.D.2d 56, 602 N.Y.S.2d 50, 1993 WL 332638, , N.Y.A.D. 2 Dept., August 16, 1993   ...District Attorney was made a party in the Family Court abuse proceeding. On July 6, 1990, all parties, including a nonlawyer domestic violence aide representing the District Attorney, appeared in the Family Court for a fact-finding hearing.    The child's mother withdrew her denial of the petition and consented to a finding of ...   ...the court to determine whether his description of his conduct constituted abuse or neglect.    The defendant was then sworn and allowed to give his account of how the child sustained her injuries. The defendant testified that he was preparing to give... 210. Fischer v. Brombolich, 246 Ill.App.3d 660, 616 N.E.2d 743, 186 Ill.Dec. 553, 1993 WL 274689, , Ill.App. 5 Dist., July 21, 1993   ...when they denied that plaintiffs suffered irreparable harm because they passed the ordinance to cause irreparable harm;  (2) that being  represented by counsel,  “defendants had to know that there must be a law that authorizes municipal action, not merely a law that prohibits municipal action;”   (3) that the defendant could not cite one law or one case that allowed them to enact an ordinance that stripped an elected official of his duties during the course of his elected term of office;  (4) that the court labelled the defendants' arguments illogical;  and (5) that in support of their position, the defendants consulted only with a nonlawyer professor at Northern Illinois University. Plaintiffs' points, however, are at least arguably refuted by the conclusions in the earlier appeal... 212. Burrows  for Interactive AIDS Counseling Services, Inc. v. Reno, Not Reported in F.Supp., 1993 WL 213017, , S.D.N.Y., June 17, 1993   ...courts, respectively, are permitted to manage and conduct causes therein.” This section has been interpreted  “to preclude a corporation from appearing through a lay representative.” Eagle Associates v. Bank of Montreal,  926 F.2d 1305, 1308 (2d Cir.1991)  (citations omitted).    The Second Circuit has articulated the rationale underlying this interpretation: [L]itigation by a nonlawyer creates unusual burdens not only for the party he represents but as well for his adversaries and the court.    The lay litigant frequently brings pleadings that are awkwardly drafted, motions that are inarticulately presented, proceedings that are needlessly multiplicative... 213. Fraass Survival Systems, Inc. v. Absentee Shawnee Economic Development Authority, 817 F.Supp. 7, 1993 WL 99988, , S.D.N.Y., April 01, 1993   ...B. Analysis An appropriate starting point is the rationale used by courts to support the rule against pro se corporate appearances.    Two grounds for the rule can be identified:  first, that nonlawyers burden the system with poorly conducted proceedings;  and second ...   ...cannot be represented by any single member.    The first ground was summarized as follows: [T]he conduct of litigation by a nonlawyer creates unusual burdens not only for the party he represents but as well for his adversaries and the court.    The lay litigant frequently brings pleadings that are awkwardly drafted, motions that are inarticulately presented, proceedings that are needlessly multiplicative ...   ...this ground, it is logically consistent to require that a group be represented by a lawyer, while permitting individuals to appear pro se. Although these reasons will prevent most non-individuals from appearing pro se, there are exceptions.    Thus, a sole...

1. DeGuzman v. Nicholson, --- Vet.App. ----, 2006 WL 3742693, , Vet.App., December 14, 2006   ...cause of veteran's death.  Attorney moved to represent appellant as her counsel pursuant to pro hac vice rule. Holdings:  The Court of Appeals for  Veterans Claims Moorman , J., held that: 2 (1)  in order for an attorney to be allowed to represent an appellant in a particular case in the Court of Appeals for Veterans Claims under the Court's pro hac vice rule, the requirements for attorneys admitted to practice before the Court must be met; 4 (2)  attorney licensed in the Philippines was not qualified for admission pro hac vice, absent prior ...   ...practice in another United States jurisdiction; and 6 (3)  attorney who entered into a fee agreement with appellant could not appear pro hac vice as a non-attorney representative of appellant. Motion denied. Kasold , J., filed opinion concurring in part and dissenting in part. [1] 34  Armed Services 34III ...   ...Veterans Claims (Formerly Court of Veterans Appeals) 34 164  k. Representation by Attorneys or Others. Showing of good cause to appear before the Court of Appeals for Veterans Claims pro hac vice as a non-attorney representative requires: (1) that there be a special relationship, other than contractual, between an appellant and the non-attorney; (2) that no fee be charged by the non-attorney for representation services rendered; and (3) that special circumstances exist that limit the ability of the appellant to otherwise proceed pro se... 2. Anchorage School Dist. v. W.O. ex rel. C.O., Slip Copy, 2006 WL 3771094, , D.Alaska, December 13, 2006   ...however,  request  that a private attorney represent an indigent litigant.  See Mallard,  490 U.S. at 301-02 FN1. “Although the Court of Appeals for the Ninth Circuit has not addressed the issue of whether non-attorney parents are allowed to represent a minor in federal court pursuant to a claim for judicial review of an IDEA administrative determination, several others have concluded that they may not... 4. Dayton Supply & Tool Co., Inc. v. Montgomery Cty. Bd. of Revision, 111 Ohio St.3d 367, 856 N.E.2d 926, 2006 WL 3299995, 2006 -Ohio- 5852, , Ohio, November 29, 2006   ...involving the complaint to the BOR that were taken in this case. {¶  69}  In two very recent decisions, the court has allowed nonattorneys to represent other persons in legal proceedings.    See  Cleveland Bar Assn. v. Pearlman,  106 Ohio St.3d 136, 2005-Ohio-4107, 832 N.E.2d 1193, fn. 3  (rejecting a constitutional challenge to a statute that allowed  “any bona fide officer or salaried employee”  of a limited liability company to file claims and appear on behalf of the company in small  claims court);   Cleveland Bar Assn. v. CompManagement, Inc.,  104 Ohio St.3d 168, 2004-Ohio-6506, 818 N.E.2d 1181, ¶  39  (allowing nonlawyers to appear and practice in a representative capacity before the Industrial Commission and the Bureau of Workers' Compensation and explaining that  “in... 13. Norwalk MK, Inc. v. McCormick, --- N.E.2d ----, 2006 WL 2578756, 2006 -Ohio- 4640, , Ohio App. 6 Dist., September 01, 2006   ...court.  R.C. §  4705.01 [5] 101  Corporations 101XI  Corporate Powers and Liabilities 101XI(F)  Civil Actions 101 508  k. Appearance and Representation by Attorney. If the representative of corporation does not fit description of a bona fide officer or salaried employee in statute setting forth the narrow exception for non-attorney representation of a corporation in small claims court, the exception is inapplicable.  R.C. §  1925.17 [6] 101  Corporations 101XI  Corporate Powers and Liabilities 101XI(F)  Civil Actions 101 508  k. Appearance and Representation by Attorney. Automobile dealership's general manager and part-owner was a “ bona fide officer or salaried employee ,” as required to satisfy statutory exception for non-attorney representation of corporation in small claims court action against car buyer to recover deposit.  R.C. §  1925.17 [7] 101  Corporations 101XI  Corporate Powers and Liabilities 101XI(F)  Civil Actions 101 508  k. Appearance and Representation by Attorney. Actions of automobile dealership's general manager and part-owner in small claims court action against car buyer to recover deposit, including preparation and filing of dealership's complaint and calling witnesses on dealership's behalf, did not constitute “ advocacy ” prohibited by statutory exception for non-attorney representation of a corporation in a small claims court action; manager did not argue, object, or cross-examine any witnesses at trial, and manager hired attorney to file motion... 14. Blanchard ex rel. Blanchard v. Morton School Dist., Slip Copy, 2006 WL 2459167, , W.D.Wash., August 25, 2006   ...due process hearing on the basis of lack of standing and/or the time-bar for commencing review. Although the Court of Appeals for the Ninth Circuit has not addressed the issue of whether non-attorney parents are allowed to represent a minor in federal court pursuant to a claim for judicial review of an IDEA administrative determination, this Court, following the analysis of  Collinsgru v. Palmyra Bd. of Educ.,  161 F.3d 225, 227 (3rd Cir.1998) , has held... 15. Carey v. Williams, Slip Copy, 2006 WL 2620351, , S.D.W.Va., August 15, 2006   ...Ponte v. Real,  471 U.S. 491, 495, 105 S.Ct. 2192, 2195, 85 L.Ed.2d 553 (1985)  The United States Supreme Court has determined that to comport with the requirements of due process, prison officials must provide the following procedural safeguards to ...   ...when conducting disciplinary hearings: (1) written notice of the charged violations at least twenty-four hours prior to the prisoner's appearance before the disciplinary official, (2) a written statement by the disciplinary official as to the evidence relied on and the ...   ...reasons for the disciplinary action, (3) the right to call witnesses and present documentary evidence in the prisoner's defense, (4) non-attorney representation when the prisoner is illiterate or the disciplinary proceeding involves complex issues, and (5) a neutral and detached hearing body... 16. Sterling, Winchester & Long, LLC v. Loyd, 280 Ga.App. 416, 634 S.E.2d 188, 2006 WL 1891248, 06 FCDR 2286, , Ga.App., July 11, 2006   ...241E  Limited Liability Companies 241E 44  Actions 241E 45  k. In General. Limited liability company (LLC) was required to be represented by an attorney in courts of record, and could not submit pro se pleading; allowing LLC to be represented by non-attorney agent would permit the practice of law by an unlicensed layman who was not subject to the discipline of the court. [2] 241E  Limited Liability Companies 241E 44  Actions 241E 45  k. In General. Like those who accept the benefits of ...   ...liability for business debts.    Like a corporation, a limited liability company can act only through its agents.    Like a corporation, allowing a limited liability company to be represented in court by a nonattorney agent would permit the practice of law by an unlicensed layman who is not subject to the discipline of the court.    And like those who accept the benefits of incorporation, those who accept the benefits of a limited liability company must... 17. XS Network, Inc. v. Smith, Not Reported in Cal.Rptr.3d, 2006 WL 1689073, Not Officially Published, Cal.App. 4 Dist., June 20, 2006   ...complaint-rarely prejudices the opposing party  Here, [the corporation] had substituted [the attorney] and his law firm before the City appeared, making [the corporation's] self-representation in its otherwise timely filed complaint brief, minimal, and essentially inconsequential.  For all practical purposes [the corporation] was represented by counsel before the City became a player in the action, so neither the City nor the trial court was ever in the position of having to deal with a nonattorney corporate representative.” CLD Construction, Inc. v. City of San Ramon, supra,  120 Cal.App.4th at p. 1150,  fn. omitted.)  Indeed, in a... 18. Piunti v. Com., Dept. of Labor and Industry, Unemployment Compensation Bd. of Review, 900 A.2d 1017, 2006 WL 1594486, , Pa.Cmwlth., June 13, 2006   ...Decided June 13, 2006. Background:   Attorneys who practiced in area of unemployment compensation petitioned for review seeking declaration that amendment allowing non-attorney, non-employees to represent a corporate employer in an unemployment compensation proceeding violated the Supreme Court's exclusive authority to regulate the practice of law.  Unemployment Compensation Board of Review filed preliminary objections. Holdings:   In its original... 19. DeLoach v. Nicholson, Slip Copy, 2006 WL 952718, Unpublished Disposition, Vet.App., March 22, 2006   ...the Court ordered Mr. DeLoach to show cause why he should be permitted to represent Mrs. Elsie Mae Snowden, who appeared to be the party adversely affected by VA's actions.  On March 3, 2006, Mr. DeLoach filed a response to the ...   ...cause order.  In his amended response, he attempts to establish “good cause” to permit him to act as Mrs. Snowden's nonattorney representative within the meaning of Rule 46(c) of the Court's Rules of Practice and Procedure.  To that end, he avers that his mother, Mrs. Snowden, suffers from debilitating illnesses as... 20. Moon v. Khazraie, 11 Misc.3d 131(A), 816 N.Y.S.2d 697, 2006 WL 623635, 2006 N.Y. Slip Op. 50348(U), Unpublished Disposition, N.Y.Sup.App.Term, March 09, 2006   ...was done  “according to the rules and principles of substantive law” UDCA 1807)  While the decision of the court below appears to have been based primarily on the credibility of the witnesses, it is noted that plaintiff, although sworn, did not testify.  Notwithstanding defendant's contention that the court below improperly permitted plaintiff's friend, Mr. La, to appear as a non-attorney representative pursuant to  UDCA 1815 , in our opinion, Mr. La's participation at trial was not as plaintiff's representative, but rather as a witness on plaintiff's behalf.  There was no indication, however, that Mr. La's testimony was based upon... 21. Winzer v. EHCA Dunwoody, LLC, 277 Ga.App. 710, 627 S.E.2d 426, 2006 WL 399760, 06 FCDR 596, , Ga.App., February 22, 2006   ...Attorney 45I(A)  Admission to Practice 45 11  Practitioners Not Admitted or Not Licensed 45 11(1)  k. In General. Allowing a limited liability company (LLC) to be represented in court by a non-attorney agent would permit the practice of law by an unlicensed layman who is not subject to the discipline of the court.   West's Ga.Code Ann. §  15-19-51(a)(6) [10] 241E  Limited Liability Companies 241E 44  Actions 241E 45  k ...   ...business debts. 11   Like a corporation, a limited liability company can act only through its agents. 12   Like a corporation, allowing a limited liability company to be represented in court by a nonattorney agent would permit the practice of law by an unlicensed layman who is not subject to the discipline of the court. 13   And like those who accept the benefits of  incorporation, those who accept the benefits of a limited liability company... 22. C.O. v. Portland Public Schools, 406 F.Supp.2d 1157, 2005 WL 3507983, 206 Ed. Law Rep. 156, , D.Or., December 22, 2005   ...1985, Oregon statutes , and common law of intentional infliction of emotional distress (IIED).  Defendants moved to dismiss. Holdings: The District Court Hubel , United States Magistrate Judge, held that: 8 (1)  nonattorney parents were not allowed to represent their minor children in IDEA civil actions; 10 (2)  parent failed to state §  1985 claim; 11 (3)  plaintiffs failed ...   ...purposes of Oregon statute prohibiting discrimination against disabled persons; 13 (5)  §  504 of Rehabilitation Act and ADA did not allow recovery against government officials in their individual capacities; 16 (6)  parent's  §  1983  claims based on violation of First Amendment ...   ...155   5  Handicapped Children, Proceedings to Enforce Rights 345 155   5(2)  Judicial Review or Intervention 345 155   5(2   1)  k. In General. Nonattorney parents are not allowed to represent minor in federal court pursuant to claim for judicial review of IDEA administrative determination.  Individuals with Disabilities Education Act, §  615(b)(6), (i... 23. Baird v. SDG, Inc., Slip Copy, 2005 WL 3416219, 2005 -Ohio- 6605, , Ohio App. 9 Dist., December 14, 2005   ...and motion to enforce consent decree when there was no evidence in the record to support either motion. “The trial court erred in permitting a non-attorney to appear in court and represent [Appellant] corporation on legal matters. “The trial court erred in granting what was effectively a default judgment against [Appellant] for failure to appear at the October 21, 2003, hearing without adequate notice to [Appellant] that such a result was possible. “The trial court... 24. Sarcom, Inc. v. 1650 Indian Wood Circle, Ltd., Slip Copy, 2005 WL 3078206, 2005 -Ohio- 6139, , Ohio App. 6 Dist., November 18, 2005   ...reimbursement for utility bills. Affirmed [1] 101  Corporations 101XI  Corporate Powers and Liabilities 101XI(F)  Civil Actions 101 508  k. Appearance and Representation by Attorney. 106  Courts 106II  Establishment, Organization, and Procedure 106II(H)  Effect of Reversal or Overruling 106 100 ...   ...General 106 100(1)  k. In General;  Retroactive or Prospective Operation. The decision in  Cleveland Bar Association v. Pearlman  that allowed a non-attorney to represent a corporation in small claims court, so long as the non-attorney refrained from acts constituting advocacy, applied retroactively.  R.C. §  1925.17 The decision in  Cleveland Bar Association v. Pearlman  that allowed a non-attorney to represent a corporation in small claims court, so long as the non-attorney refrained from acts constituting advocacy, applied retroactively.  R.C. §  1925.17 [2] 101  Corporations 101XI  Corporate Powers and Liabilities 101XI... 26. Boustred v. County of Santa Cruz, Not Reported in F.Supp.2d, 2005 WL 2373478, , N.D.Cal., September 27, 2005   ...amend so that Boustred may set forth the claims that he brings on his own behalf with greater particularity. The Court also will grant the motions to dismiss the claims brought on behalf of plaintiffs RCF/RCB, WFB, InfoTelesys, Inc. and Get It Real without leave to amend. As a non-attorney, Boustred may represent himself, but not his children or his businesses.  The law requires that a  “non-attorney parent must be represented by ...   ...114 F.3d 874, 876 (9th Cir.1997) see also  Civil Local Rule 3-9(a).  Similarly,  “a corporation may appear in the federal courts only through licensed counsel.” Rowland v. California Men's Colony,  506 U.S. 194, 202 (1993) see also  Civil Local Rule 3-9(b).  The Court will grant the motion to dismiss without prejudice, thereby allowing these parties to file their claims if they obtain the assistance of counsel. The following legal authorities may be helpful... 27. Bayer v. Monroe County Children & Youth Services, Not Reported in F.Supp.2d, 2005 WL 2216585, , M.D.Pa., September 12, 2005   ...give non-lawyer parents the right to represent their children in proceedings before a federal court.”  As the Third Circuit Court of Appeals has explained, the purpose of this rule is to protect the interests of the children:  “[I]t is not in the interest of minors or incompetents that they be represented by non-attorneys.  Where they have claims that require adjudication, they are entitled to trained legal assistance so their rights may be fully ...   ...ordered to retain representation for their children within 20 days of December 22, 2004.  (Doc. 14.)  No counsel entered an appearance within the 20 days allowed by the Court and the children were dismissed from the case by Order of the Court dated April 8, 2005... 28. Tindall v. Poultney High School Dist., 414 F.3d 281, 2005 WL 1561041, 199 Ed. Law Rep. 607, , C.A.2 (Vt.), July 05, 2005   ...certain claims and, after counsel withdrew, dismissed without prejudice remaining counts filed on behalf of child.  Mother appealed. Holdings:   The Court of  Appeals Sack , Circuit Judge, held that: 1 (1)  mother's defamation claim was time-barred; 5 (2)  rule that non-attorney parent may not represent child applied to appeal, and 7 (3)  court would defer consideration of appeal on behalf of child pending possible appearance of counsel representing child. Affirmed in part. Kearse , Circuit Judge, filed opinion concurring in part and dissenting in part. West Headnotes [1] 241 ...   ...170BVIII(B)  Appellate Jurisdiction and Procedure in General 170B 541  k. In General. 211  Infants 211VII  Actions 211 90  k. Appearance and Representation by Attorney. Court would defer consideration of appeal filed by non-attorney mother with respect to claims brought on behalf of her child for 45-day period to allow counsel to be retained to represent child, but would dismiss appeal if counsel did not file appearance within that time pursuant to general rule that non-attorney parent may not represent child. Dianne Tindall, pro se, Middlebury, VT, for herself and her son,  Kyle Tindall Patti R. Page Stitzel, Page & Fletcher ...   ...our decision for the limited purpose of permitting counsel to be retained to represent him before us. “The choice to appear  pro se  is not a true choice for minors who under state law,  see Fed.R.Civ.P. 17(b) , cannot determine their... 29. Cahill v. Blume, 8 Misc.3d 1004(A), 801 N.Y.S.2d 776, 2005 WL 1422133, 2005 N.Y. Slip Op. 50921(U), Unpublished Disposition, N.Y.City Civ.Ct., June 14, 2005   ...Mrs. Cahill refused to return Lexi since she and her family had become attached to her. Mr. Blume did not appear at trial; rather a friend, Vincent Failla represented the defendant pursuant to Lower Court Acts §  1815, which permits a non-attorney to represent a defendant.  Mr. Failla confirmed that Mr. Blume would not undertake the costs of the surgery.  Relying on Article 35... 30. Williamson v. Berger, 908 So.2d 35, 2005 WL 1338534, 2005-83 (La.App. 3 Cir. 6/8/05), , La.App. 3 Cir., June 08, 2005   ...an agent, if specially authorized, can act as an attorney in fact on behalf of another and opining that a non-attorney agent cannot act in a representative capacity at the trial of a rule on an eviction, the Louisiana Attorney General, in Opinion No. 80-260 (3/3/80), reasoned as follows: The only reported case in which the courts considered this issue  is  Howell v. Mundy,  145 La. 291, 82 So. 274 (1919)    In that case, the Louisiana Supreme Court specifically found that appearance by a non-attorney, specifically authorized to act as an attorney in fact for another individual, did not constitute a ...   ...specifically stated that a party to any suit pending before any court in the state:  shall have the right to appear and plead in person, or by their attorney at law, or in fact. The court further noted that since the ...   ...decision in  Howell v. Mundy,  the legislature, by virtue of Act 202 of 1932, specifically repealed the provisions which formerly allowed a party to appear and plead as provided for by  Article 122 of the Revised Statutes of 1870 In any event, as stated in... 33. Harkness v. Unemployment Compensation Bd. of Review, 867 A.2d 728, 2005 WL 245622, , Pa.Cmwlth., February 03, 2005   ...Next, this Court must analyze whether Forrest engaged in the  unauthorized  practice of law. [4]  As a general rule, a non-attorney may not represent parties before the Pennsylvania courts or administrative agencies. Nolan v. Department of Public Welfare,  673 A.2d 414 (Pa.Cmwlth.1995)    There are, of course, exceptions ...   ...5   Employer asserts that this limited exception, which expressly applies to “individuals claiming unemployment compensation”, should, by the same token, allow a corporate Employer to be represented by its  non-employee, non-attorney “duly authorized representative.”    Again, this Court disagrees. FN4 ...   ...Emphasis added). In  The  Spirit of the Avenger Ministries v. Commonwealth of Pennsylvania,  767 A.2d 1130 (Pa.Cmwlth.2001) , this Court held that The Spirit of the Avenger Ministries, a non-profit association, could not be represented by its pastor, a non-attorney, in its appeal to this Court.    Citing  Smaha v. Landy,  162 Pa.Cmwlth. 136, 638 A.2d 392 (1994) petition for allowance of  appeal denied 539 Pa. 660, 651 A.2d 546 (1994)  and  Walacavage v. Excell 2000, Inc.,  331 Pa.Super. 137... 34. HB Management, LLC v. Brooks, Not Reported in A.2d, 2005 WL 225993, , D.C.Super., February 01, 2005   ...language of  Super.  Ct. L & T R. 9(b) , the analysis is not complete.  The explicit prohibition against a corporation appearing without counsel is not the only bar to non-attorneys appearing in a representative capacity applicable in this court.  The rules of the Landlord and Tenant Branch, like the rules of the Civil Actions Branch and the D.C. Court of Appeals, address in general terms those who may appear before the court and when individuals who are not attorneys admitted to the District of Columbia Bar may appear in a representative capacity.  See Super.  Ct. L & T R. 9(a) (2004) Super.  Ct. Civ. R. 101 (2004) D.C.App ...   ...of Appeals held that the sole shareholder of a closely held corporation could not circumvent the prohibition on a corporation appearing without counsel by assigning the claim to himself and then suing in his own name.  The reason for the rule against non-attorneys representing corporations is  “ ‘not the protection of stockholders but the protection of the courts and the administration of justice.’  Id.  quoting  Mercu-Ray Industries, Inc. v. Bristol-Myers Co .,  392 F. Supp 16, 17 ...   ...J.H. Marshall & Assocs., Inc., supra,  313 A.2d 586,  the court noted: The courts themselves will not permit laymen to appear in court in a representative capacity.  The policy of the courts and the legislature in this regard may not be... 36. Dozier v. Principi, 19 Vet.App. 463, 2005 WL 94548, Unpublished Disposition, Vet.App., January 05, 2005   ...appropriate rate for Mr. Stewart's representation by reference to the rates charged for paralegal services.  The non-attorney practitioners who appear before us are unique and section 403 of the VBA directs that the Court treat them as such.  While it ...   ...this Court are not paralegals.  A key distinction is that the former provides client representation whereas the latter does not.  Non-attorney practitioners “practice”-they represent clients before this Court.  In that particular respect, they are more akin to attorneys than they are to paralegals. Id.  at 260. In this... 37. In re Boyce, 317 B.R. 165, 2004 WL 2659669, , Bkrtcy.D.Utah, November 18, 2004   ...the unmet need for legal services adversely impacts the health, safety, and welfare of Utah citizens; (d) in many situations, non-attorney professionals now provide, at low costs to consumers with adequate protections, services previously reserved by law to attorneys; (e) the right of a person to represent himself and his interests in a court of law is a recognized right in our legal system;  and (f) recent enhanced technological capabilities have helped people access ...   ...in filing legal matters; (b) increasing the use of technology to make legal services available to the public;  and (c) allowing nonlawyers to provide charitable legal help; (d) allowing duly-authorized officers to represent their business entities; (e) allowing independent lay professionals to perform certain functions now requiring an attorney. The findings of the 54 th  Legislature, Second Special Session... 44. Baird v. SDG, Inc., Not Reported in N.E.2d, 2004 WL 1562564, 2004 -Ohio- 3705, , Ohio App. 9 Dist., July 14, 2004   ...consent decree when there was no evidence in the record to support either motion.” ASSIGNMENT OF ERROR II “The trial court erred in permitting a non-attorney to appear in court and represent [Appellant] corporation on legal matters.” ASSIGNMENT OF ERROR III “The trial court erred in granting what was effectively a default judgment against [Appellant] for failure to appear at the October 21, 2003, hearing without adequate notice to [Appellant] that such a result was possible.” ASSIGNMENT OF ERROR... 46. McInnis v. Barnhart, Not Reported in F.Supp.2d, 2004 WL 1070568, 96 Soc.Sec.Rep.Serv. 420, , N.D.Iowa, May 13, 2004   ...benefits);  cf.  Cannon v. Apfel,  213 F.3d 970, 977 (7th Cir.2000)  (claimant seeking reimbursement of benefits misused by representative payee; court noted ALJ's duty to develop the record is satisfied by allowing non-attorney representatives to submit evidence and argument on claimant's behalf). Further, in this case the determination of fault depends to a significant... 49. In re Grand Jury Subpoena, 220 F.R.D. 130, 2004 WL 515651, , D.Mass., March 16, 2004   ...it understandable that  Rule 26(b)(3)  extended protection to a party's non- attorney “representatives” as well. 6 FN6.  Many courts have held that the work product doctrine applies to litigation-related “documents and other tangible things” produced by non-attorneys, and that appears to be the best reading of  Rule 26(b)(3) 's text, which speaks of materials  “prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including the other party's attorney, consultant, surety, indemnitor, insurer, or agent). See, e.g.,  In re Ford Motor Co.,  110 F ...   ...but perhaps no further. See  Nobles  422 U.S. at 238-39 & n. 13, 95 S.Ct. 2160 (1975)    The First Circuit appears to take a broader view of  Rule 26(b)(3)  in this regard, however. See  Sprague v. Director, Office of... 50. Schaffhouser v. Principi, Slip Copy, 2004 WL 2965968, Unpublished Disposition, Vet.App., March 03, 2004   ...appropriate rate for Mr. Stewart's representation by reference to the rates charged for paralegal services.  The non-attorney practitioners who appear before us are unique and section 403 of the VBA directs that the Court treat them as such.  While it ...   ...this Court are not paralegals.  A key distinction is that the former provides client representation whereas the latter does not.  Non-attorney practitioners “practice”-they represent clients before this Court.  In that particular respect, they are more akin to attorneys than they are to paralegals. Pentecost,  17 Vet.App. at 260... 51. Warn v. Principi, Slip Copy, 2004 WL 2966023, Unpublished Disposition, Vet.App., March 03, 2004   ...appropriate rate for Mr. Stewart's representation by reference to the rates charged for paralegal services.  The non-attorney practitioners who appear before us are unique and section 403 of the VBA directs that the Court treat them as such.  While it ...   ...this Court are not paralegals.  A key distinction is that the former provides client representation whereas the latter does not.  Non-attorney practitioners “practice”-they represent clients before this Court.  In that particular respect, they are more akin to attorneys than they are to paralegals. Pentecost,  17 Vet.App. at 260... 52. Brice v. Secretary of Health and Human Services, 358 F.3d 865, 2004 WL 241483, , C.A.Fed., February 11, 2004   ...Rule of Necessity);   Williams v. United States,  240 F.3d 1019, 1025 (Fed.Cir.2001) “[T]he centuries-old ‘Rule of Necessity,’   allows-and even seems to require-federal judges to hear and decide matters in which they have a financial interest, if ...   ...Will,  449 U.S. at 214, 101 S.Ct. 471).    In this appeal however, the Rule of Necessity is invoked because two nonattorneys have been disqualified from representing the interests of their minor child in this court. Although the facts of this case are not those which historically lend themselves to application to the Rule of Necessity... 53. Deloria v. Principi, 18 Vet.App. 487, 2004 WL 437456, Unpublished Disposition, Vet.App., January 23, 2004   ...appropriate rate for Mr. Stewart's representation by reference to the rates charged for paralegal services.  The non-attorney practitioners who appear before us are unique and section 403 of the VBA directs that the Court treat them as such.  While it ...   ...this Court are not paralegals.  A key distinction is that the former provides client representation whereas the latter does not.  Non-attorney practitioners “practice”-they represent clients before this Court.  In that particular respect, they are more akin to attorneys than they are to paralegals. Pentecost,  17 Vet.App. at 260... 54. Booker v. Principi, 18 Vet.App. 486, 2004 WL 95208, Unpublished Disposition, Vet.App., January 16, 2004   ...appropriate rate for Mr. Stewart's representation by reference to the rates charged for paralegal services.  The non-attorney practitioners who appear before us are unique and section 403 of the VBA directs that the Court treat them as such.  While it ...   ...this Court are not paralegals.  A key distinction is that the former provides client representation whereas the latter does not.  Non-attorney practitioners “practice”-they represent clients before this Court.  In that particular respect, they are more akin to attorneys than they are to paralegals. Pentecost,  17 Vet.App. at 260... 55. Majewski v. Principi, 18 Vet.App. 486, 2004 WL 95220, Unpublished Disposition, Vet.App., January 16, 2004   ...appropriate rate for Mr. Stewart's representation by reference to the rates charged for paralegal services.  The non-attorney practitioners who appear before us are unique and section 403 of the VBA directs that the Court treat them as such.  While it ...   ...this Court are not paralegals.  A key distinction is that the former provides client representation whereas the latter does not.  Non-attorney practitioners “practice”-they represent clients before this Court.  In that particular respect, they are more akin to attorneys than they are to paralegals. Pentecost,  17 Vet.App. at 260... 57. Acton v. Principi, Slip Copy, 2003 WL 23008530, Unpublished Disposition, Vet.App., December 15, 2003   ...a panel decision in accordance with  Rule 35(b) Ibid.; U.S. Vet.App. R.  35(b)  The Secretary argues that the Court erred by awarding Mr. Stewart a rate of $120 per hour because (1) he performed his nonattorney-practitioner services representing the appellant, and the appellant submitted his EAJA application, before VBA §  403 was enacted, (2) in contrast to VBA ...   ...and 402, Congress did not provide in the statute for the retroactive application of VBA §  403, and (3) the Court's determination  “appears to be in conflict with”  two decisions by the U.S. Court of Appeals for the Federal Circuit in  Bernklau v. Principi  and  Dyment v. Principi  that addressed retroactive application of certain... 58. Mr. R. v. Maine School Administrative Dist. No. 35, 295 F.Supp.2d 120, 2003 WL 22955871, 184 Ed. Law Rep. 280, , D.Me., December 12, 2003   ...all grounds other than the billed non-attorney time. [3]  To the extent that paralegals and other non-lawyers are allowed to perform work that constitutes “the practice of law” under Maine law, such practice is inconsistent with Maine law.    Because ...   ...are not admitted to practice law, reimbursement for services cannot be permitted. See  Weinberger,  801 F.Supp. at 823    Under this Court's practice of not permitting hourly compensation for non-attorney time, the requested fee will be reduced by $3,483.50, which represents 33.2 hours of summer associate time and 7.7 hours of paralegal time. 1   Finally, the Court rejects the... 59. Harpere v. Principi, Slip Copy, 2003 WL 22844092, Unpublished Disposition, Vet.App., November 26, 2003   ...a panel decision in accordance with  Rule 35(b) Ibid.; U.S. Vet.App. R.  35(b)  The Secretary argues that the Court erred by awarding Mr. Stewart a rate of $120 per hour because (1) he performed his nonattorney-practitioner services representing the appellant, and the appellant submitted his EAJA application, before VBA §  403 was enacted, (2) in contrast to VBA ...   ...and 402, Congress did not provide in the statute for the retroactive application of VBA §  403, and (3) the Court's determination  “appears to be in conflict with”  two decisions by the U.S. Court of Appeals for the Federal Circuit in  Bernklau v. Principi  and  Dyment v. Principi  that addressed retroactive application of certain... 60. McMinn v. Principi, Slip Copy, 2003 WL 22844200, Unpublished Disposition, Vet.App., November 26, 2003   ...a panel decision in accordance with  Rule 35(b) Ibid.; U.S. Vet.App. R.  35(b)  The Secretary argues that the Court erred by awarding Mr. Stewart a rate of $120 per hour because (1) he performed his nonattorney-practitioner services representing the appellant, and the appellant submitted his EAJA application, before VBA §  403 was enacted, (2) in contrast to VBA ...   ...and 402, Congress did not provide in the statute for the retroactive application of VBA §  403, and (3) the Court's determination  “appears to be in conflict with”  two decisions by the U.S. Court of Appeals for the Federal Circuit in  Bernklau v. Principi  and  Dyment v. Principi  that addressed retroactive application of certain... 61. Shorter v. Principi, Slip Copy, 2003 WL 22844351, Unpublished Disposition, Vet.App., November 26, 2003   ...a panel decision in accordance with  Rule 35(b) Ibid.; U.S. Vet.App. R.  35(b)  The Secretary argues that the Court erred by awarding Mr. Stewart a rate of $120 per hour because (1) he performed his nonattorney-practitioner services representing the appellant, and the appellant submitted his EAJA application, before VBA §  403 was enacted, (2) in contrast to VBA ...   ...and 402, Congress did not provide in the statute for the retroactive application of VBA §  403, and (3) the Court's determination  “appears to be in conflict with”  two decisions by the U.S. Court of Appeals for the Federal Circuit in  Bernklau v. Principi  and  Dyment v. Principi  that addressed retroactive application of certain... 62. Thompson v. Principi, Slip Copy, 2003 WL 22844413, Unpublished Disposition, Vet.App., November 26, 2003   ...a panel decision in accordance with  Rule 35(b) Ibid.; U.S. Vet.App. R.  35(b)  The Secretary argues that the Court erred by awarding Mr. Stewart a rate of $120 per hour because (1) he performed his nonattorney-practitioner services representing the appellant, and the appellant submitted his EAJA application, before VBA §  403 was enacted, (2) in contrast to VBA ...   ...and 402, Congress did not provide in the statute for the retroactive application of VBA §  403, and (3) the Court's determination  “appears to be in conflict with”  two decisions by the U.S. Court of Appeals for the Federal Circuit in  Bernklau v. Principi  and  Dyment v. Principi  that addressed retroactive application of certain... 64. Christopher v. Principi, Slip Copy, 2003 WL 22843937, Unpublished Disposition, Vet.App., November 21, 2003   ...a panel decision in accordance with  Rule 35(b) Ibid.; U.S. Vet.App. R.  35(b)  The Secretary argues that the Court erred by awarding Mr. Stewart a rate of $120 per hour because (1) he performed his nonattorney-practitioner services representing the appellant, and the appellant submitted his EAJA application, before VBA §  403 was enacted, (2) in contrast to VBA ...   ...and 402, Congress did not provide in the statute for the retroactive application of VBA §  403, and (3) the Court's determination  “appears to be in conflict with”  two decisions by the U.S. Court of Appeals for the Federal Circuit in  Bernklau v. Principi  and  Dyment v. Principi  that addressed retroactive application of certain... 65. Foster v. Principi, Slip Copy, 2003 WL 22762480, Unpublished Disposition, Vet.App., November 18, 2003   ...a panel decision in accordance with  Rule 35(b) Ibid.; U.S. Vet.App. R.  35(b)  The Secretary argues that the Court erred by awarding Mr. Stewart a rate of $120 per hour because (1) he performed his nonattorney-practitioner services representing the appellant, and the appellant submitted his EAJA application, before VBA §  403 was enacted, (2) in contrast to VBA ...   ...and 402, Congress did not provide in the statute for the retroactive application of VBA §  403, and (3) the Court's determination  “appears to be in conflict with”  two decisions by the U.S. Court of Appeals for the Federal Circuit in  Bernklau v. Principi  and  Dyment v. Principi  that addressed retroactive application of certain... 66. Anderson v. Principi, 18 Vet.App. 461, 2003 WL 23005023, Unpublished Disposition, Vet.App., November 06, 2003   ...appropriate rate for Mr. Stewart's representation by reference to the rates charged for paralegal services.  The non-attorney practitioners who appear before us are unique and section 403 of the VBA directs that the Court treat them as such.  While it ...   ...this Court are not paralegals.  A key distinction is that the former provides client representation whereas the latter does not.  Non-attorney practitioners “practice”-they represent clients before this Court.  In that particular respect, they are more akin to attorneys than they are to paralegals. Pentecost,  17 Vet.App. at 260... 67. Belles v. Principi, 18 Vet.App. 461, 2003 WL 23005183, Unpublished Disposition, Vet.App., November 05, 2003   ...appropriate rate for Mr. Stewart's representation by reference to the rates charged for paralegal services.  The non-attorney practitioners who appear before us are unique and section 403 of the VBA directs that the Court treat them as such.  While it ...   ...this Court are not paralegals.  A key distinction is that the former provides client representation whereas the latter does not.  Non-attorney practitioners “practice”-they represent clients before this Court.  In that particular respect, they are more akin to attorneys than they are to paralegals. Pentecost,  --- Vet.App. at ----, slip op... 68. Lansing v. Principi, 18 Vet.App. 456, 2003 WL 23163252, Unpublished Disposition, Vet.App., October 28, 2003   ...appropriate rate for Mr. Stewart's representation by reference to the rates charged for paralegal services.  The non-attorney practitioners who appear before us are unique and section 403 of the VBA directs that the Court treat them as such.  While it ...   ...this Court are not paralegals.  A key distinction is that the former provides client representation whereas the latter does not.  Non-attorney practitioners “practice”-they represent clients before this Court.  In that particular respect, they are more akin to attorneys than they are to paralegals. Pentecost,  17 Vet.App. at 260... 69. Cora-Rivera v. Principi, Slip Copy, 2003 WL 23935670, Unpublished Disposition, Vet.App., October 23, 2003   ...appropriate rate for Mr. Stewart's representation by reference to the rates charged for paralegal services.  The non-attorney practitioners who appear before us are unique and section 403 of the VBA directs that the Court treat them as such.  While it ...   ...this Court are not paralegals.  A key distinction is that the former provides client representation whereas the latter does not.  Non-attorney practitioners “practice”-they represent clients before this Court.  In that particular respect, they are more akin to attorneys than they are to paralegals. Pentecost,  ---, Vet.App. at ----, slip op... 70. Jenkins v. Principi, 18 Vet.App. 455, 2003 WL 22410864, Unpublished Disposition, Vet.App., October 09, 2003   ...appropriate rate for Mr. Stewart's representation by reference to the rates charged for paralegal services.  The non-attorney practitioners who appear before us are unique and section 403 of the VBA directs that the Court treat them as such.  While it ...   ...this Court are not paralegals.  A key distinction is that the former provides client representation whereas the latter does not.  Non-attorney practitioners “practice”-they represent clients before this Court.  In that particular respect, they are more akin to attorneys than they are to paralegals. Pentecost,  --- Vet.App. at ----, slip op... 71. Micou v. Principi, 18 Vet.App. 455, 2003 WL 22438643, Unpublished Disposition, Vet.App., October 09, 2003   ...appropriate rate for Mr. Stewart's representation by reference to the rates charged for paralegal services.  The non-attorney practitioners who appear before us are unique and section 403 of the VBA directs that the Court treat them as such.  While it ...   ...this Court are not paralegals.  A key distinction is that the former provides client representation whereas the latter does not.  Non-attorney practitioners “practice”-they represent clients before this Court.  In that particular respect, they are more akin to attorneys than they are to paralegals. Pentecost,  --- Vet.App. at ----, slip op... 72. Abbey v. Principi, 17 Vet.App. 282, 2003 WL 22207157, , Vet.App., September 24, 2003   ...of the United States Court of Appeals for Veterans Claims. VBA §  403 (emphasis added). Rule 46(b) and (c)  allows non-attorney practitioners to practice before this Court under the following circumstances: (b) Admission of Non-attorney Practitioners to Practice.    A non-attorney of good moral character and repute who is- (1) under the direct supervision (including presence at any oral argument) of an attorney admitted to the bar of the Court, or (2) employed by an organization which is chartered by Congress, is recognized by the Secretary of Veterans Affairs for claims representation, and provides a statement signed by the organization's chief executive officer certifying to the employee's- (A) understanding of the procedures and jurisdiction of the Court and of the nature, scope, and standards of its judicial review;  and (B) proficiency to represent appellants before the Court may be admitted to practice before the Court upon filing with the Clerk a completed application accompanied by the applicable fee (payable by check or money order).    In ...   ...law and the administrative claims process  does not in and of itself connote competence in appellate practice and procedure. (c) Appearance in a Particular Case. On motion and a showing of good cause, the Court may permit any attorney or non-attorney practitioner not admitted to practice before the Court, or any other person in exceptional circumstances, to appear on behalf of a party or amicus for the purposes of a particular case.    Whenever a person is admitted to ...   ...25 years before retiring, and his duties in that position included being a supervisor;  (2) he was admitted as a non-attorney practitioner before this Court in 1995 and has represented appellants in over 200 cases on appeal;  and (3) he is currently a senior litigation paralegal for the NVLSP.   Appl... 73. Pentecost v. Principi, 17 Vet.App. 257, 2003 WL 22207185, , Vet.App., September 24, 2003   ...appropriate rate for Mr. Stewart's representation by reference to the rates charged for paralegal services.    The non-attorney practitioners who appear before us are unique and section 403 of the VBA directs that the Court treat them as such.    While it ...   ...this Court are not paralegals.    A key distinction is that the former provides client representation whereas the latter does not.    Non-attorney practitioners “practice”-they represent clients before this Court.    In that particular respect, they are more akin to attorneys than they are to paralegals. We cannot, in the exercise... 75. Bank of America, N.A. v. Jaidar, Not Reported in Cal.Rptr.2d, 2003 WL 21513451, Not Officially Published, Cal.App. 2 Dist., July 03, 2003   ...the illegal practice of law, thereby depriving the Trust of proper legal counsel.  We are not persuaded. In  Ziegler,  the Court of Appeal considered whether a nonattorney trustee could represent a trust in a lawsuit commenced by the trust.  Ziegler, supra,  64 Cal.App.4th at p. 546 Citing  Business and Professions Code section 6125 , the court first noted that  “one who is not a licensed attorney cannot appear in court for another person.” Ziegler,  at p. 547.) In other words, a nonattorney cannot represent the interests of others in court.  Because of the nature of trusts, a trustee must act solely on behalf of the trust's beneficiaries.  Moeller v. Superior Court  (1997) 16 Cal.4th 1124, 1134 It follows that if a nonattorney trustee appears in court and presents legal argument on behalf of the trust, he or she necessarily represents the interests of others, which amounts to the unauthorized practice of law.  Ziegler, supra,  at p. 548.) Consequently, the Court of Appeal held that  “[a] nonattorney trustee who represents the trust in court is representing and affecting the interests of the beneficiary and is thus engaged in the unauthorized practice of law.” Id.  at p. 549.) Significantly,  Ziegler  considered only whether a nonattorney trustee could appear  in court  on behalf of the trust; it did not consider whether a nonattorney trustee could represent a trust in other litigious proceedings.  In that regard, BofA directs us to  Caressa Camille, Inc. v. Alcoholic Beverage Control ...   ...counsel in court proceedings.  Id.  at p. 1101.) Thereafter, it explained the purpose of the exception to that general rule, allowing corporations to be represented by nonattorneys in small claims court.  “This exception to the general rule is consistent with the purpose of providing quick, impartial and inexpensive adjudication of disputes ...   ...minimized in the more informal setting of a proceeding in a court which is not of record.’   Ibid.  Accordingly, the court held that “the general rule banning a nonattorney from representing a corporation in a court of record has no application” in proceedings before administrative tribunals.  Ibid.  Importantly, the court concluded that “[e]ven were we persuaded... 76. U.S. ex rel. Rockefeller v. Westinghouse Elec. Co., 274 F.Supp.2d 10, 2003 WL 21462589, , D.D.C., June 23, 2003   ...persons, other than attorneys   [to] represent[ ] claimants before the Commissioner of Social Security     And in this one subject area, some courts have allowed non-attorney parents to represent their minor child in a federal court to challenge the Commissioner of Social Security's decision to deny supplemental security income (“SSI”) benefits to their minor child. See ...   ...F.3d 103, 107 (2d Cir.2002) Harris v. Apfel,  209 F.3d 413, 417 (5th Cir.2000)    The  Harris  Court discussed several reasons for allowing non-attorney parents to represent their minor child in a SSI appeal:  (1) a minor child in a family applying for SSI benefits usually cannot afford to hire an attorney;  (2) the court independently reviews all the facts in a SSI appeal, thereby sufficiently protecting the minor child's interest;  (3) SSI appeals are ...   ...child's “interest is squarely at stake” in a SSI appeal,  Machadio,  276 F.3d at 107    These unique reasons for allowing non-attorney parents to represent their minor children in SSI appeals do not extend to relators in a FCA case... 78. Te-Ta-Ma Truth Foundation--Family of URI, Inc. v. World Church of the Creator, 246 F.Supp.2d 980, 2003 WL 660753, , N.D.Ill., February 26, 2003   ...11  applies to a party's agent who signs pleadings).    According to the Foundation, the signature of World Church's counsel, Reardon, appears on the papers as a rubber stamp facsimile.    Further, the Foundation points out that the motion to disqualify was served ...   ...is located but from East Peoria, Illinois, where Hale resides.    The Foundation also provides other credible allegations that Hale, a non-attorney law school graduate, is representing World Church despite the court's March 29, 2001 order that only a licensed attorney may represent World Church. See  Pl. Resp. at 2-5.)    Based on these facts, the Foundation asserts that the court need not ...   ...because the motion violates  Rule 11    At this time, the court will not strike the pleadings and  papers but will allow the Foundation to offer evidence of this conduct at the contempt hearing.    Any finding by the court that Reardon has allowed Hale to “ghost write” and facsimile-sign papers filed in this case will be reported to the Executive Committee of... 79. Caldwell Staffing Services v. Ramrattan, Not Reported in A.2d, 2003 WL 194734, , Del.Super., January 29, 2003   ...but that effort is irrelevant to this case. Despite the clear provisions of Board Rule B, the Board argues that allowing Randall to question or cross-examine witnesses would have constituted the unauthorized practice of law.  The admission of attorneys to ...   ...the exclusion of unauthorized persons from practice lie within the exclusive province of the Delaware Supreme Court. 15 Although the Court has held that a corporation can be represented before a court only by a licensed attorney, 16  the Court has not ruled on whether a non-attorney employee may represent an employer at the administrative level.  The Board points to  dicta  from the  Delaware State Bar Ass'n v. Alexander  for... 80. Abdulmeseh v. Glenco Associates, L.L.C., Not Reported in Cal.Rptr.2d, 2003 WL 150115, Not Officially Published, Cal.App. 4 Dist., January 22, 2003   ...42 Cal.Rptr.2d 768 However, as Simon & Richard point out, in California a person not licensed as an attorney  may  appear on behalf of others in administrative hearings. Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd.  (2002) 99 Cal.App.4th ...   ...§  11455.30, subd. (a) , permitting sanctions on parties, attorneys and “other representatives.” ) In recently holding that corporations may be represented by non-attorneys in administrative forums, we stated:  “As already discussed, courts of record are entitled to expect to be aided in resolution of contested issues by presentation of causes through qualified... 81. In re Valinoti, Not Reported in Cal.Rptr.2d, 2002 WL 31907316, 03 Cal. Daily Op. Serv. 132, 4 Cal. State Bar Ct. Rptr. 498, 2003 Daily Journal D.A.R. 167, , Cal.Bar Ct., December 31, 2002   ...and how those providers represented them and referred many of them to respondent. Based on the record before us, it appears that instead of retaining attorneys, many aliens, including the clients in at least eight of the matters in this proceeding, initially hire nonattorney immigration services providers to handle their immigration cases.  This may be explained in part because these nonattorney providers routinely (1) hold themselves out as immigration law experts; (2) engage in “in-person” solicitation (either personally or through representatives) of aliens at INS offices and the immigration court; and (3) advertise their services to non-English speaking aliens in local newspapers, telephone books, and other publications that cater ...   ...INA or any other federal law ( 8 U.S.C. §  1227(a)(1)(B)) Understandably, the alien did not want to appear in immigration court alone.  Accordingly, the nonattorney provider then “referred” the alien to respondent, or another immigration attorney.  The nonattorney providers usually referred their alien clients to immigration attorneys with whom they had a relationship; who the providers knew would “represent” the alien clients only by appearing with them in court; and who the providers knew would not steal their clients by taking over the clients' cases and preparing and filing... 82. Wilson v. Principi, 16 Vet.App. 509, 2002 WL 31770890, , Vet.App., December 12, 2002   ...worked for the Disabled American Veterans for 25 years in various positions of responsibility, that he has practiced before the Court as a non-attorney practitioner since 1995, having represented over 200 veterans in that time, that he has participated in preparing newsletters and a report related to veterans law issues, and that he has trained attorneys  and non-attorneys in veterans law issues at several seminars.    The Court does not doubt Mr. Stewart's considerable expertise and contributions in the ...   ...field of veterans law;  indeed, he may very well be more qualified and competent than many non-attorney practitioners who appear before the Court. Non-attorney practitioners are authorized to practice before this Court if they (1) work under the direct ...   ...95-7032, 74 F.3d 1260, at *1, 1996 U.S App. LEXIS 973, at *3 (Fed.Cir. Jan. 19, 1996)    A non-attorney  “may perform the same elements of client representation as a lawyer and operate under the same procedural and ethical rules before the Court of Veterans Appeals”  but this does not make him an attorney for EAJA purposes. Cook,  68 F.3d at 451    Also,  “Congress understood attorney fees to mean fees for representation by persons who are qualified generally to appear as a legal representative in any administrative or judicial proceeding, presumably by virtue of their formal training and licensure in... 91. State ex rel. McGraw v. Burton, 212 W.Va. 23, 569 S.E.2d 99, 2002 WL 1291795, , W.Va., June 10, 2002   ...2002]  and  31A-2-4b 0 [2002], statutes that authorize the Commissioners of Banking and Taxation to use and employ non-Attorney General-employed or - approved lawyers for,  inter alia,  representation in court.    Assuming that legal work is roughly proportionate to the number of lawyers doing the work, the undisputed numbers in the... 92. Burns v. Thermal Const., Inc., Not Reported in N.E.2d, 2002 WL 1270006, 2002 -Ohio- 2946, , Ohio App. 11 Dist., June 07, 2002   ...of  CSPA Affirmed West Headnotes [1] 101  Corporations 101XI  Corporate Powers and Liabilities 101XI(F)  Civil Actions 101 508  k. Appearance and Representation by Attorney. Corporate supplier did not violate statute allowing corporations to have bona fide officers or salaried employees file and present its claim or defense in certain small claims actions, provided corporation does not, in absence of representation of attorney, engage in acts of advocacy, by allowing its representative, a non-attorney, to appear in small claims court on behalf of corporation, as representative did nothing more than attend small claims hearing.   R.C. §  125.17 [2] 29T  Antitrust and Trade Regulation 29TIII  Statutory... 93. Collier v. Cobalt, LLC, Not Reported in F.Supp.2d, 2002 WL 726640, , E.D.La., April 22, 2002   ...prison; and (4) Cobalt cannot afford an attorney. First, to the extent Schaefer contends that he should be able to represent Cobalt LLC because it is a limited liability company and thus not subject to the rule barring non-attorneys from appearing for corporations, the Court disagrees. The Fifth Circuit has held  “that a corporation as a fictional legal person can only be represented by licensed... 96. Tyler L. v. Poway Unified School Dist., Not Reported in Cal.Rptr.2d, 2002 WL 423467, Not Officially Published, Cal.App. 4 Dist., March 19, 2002   ...842 F.2d 58  and  In re Arons  (2000) 756 A.2d 867  establish that a lay advisor may not appear as an attorney for a party involved in a due process hearing, and urges that we should adopt the rationale ...   ...of these cases.  In  Arons v. New Jersey State Bd. of Educ., supra,  the relevant state law permitted nonlawyers to represent parents in a due process hearing, and the court evaluated the narrow issue of whether attorney fee awards were required when a nonattorney was the advocate for the parent.  The federal court merely concluded a state statute permitting an attorney fee award only ...   ...Arons, supra,  756 A.2d 867  considered a different issue: whether IDEA preempted state law and  required  a state to allow lay advisors to represent parents at due process hearings.  The Delaware Supreme Court concluded there was no intent to preempt state law, and that IDEA did not require states to allow lay advisors to represent parents at due process hearings.  Id.  at pp. 870-873.) Whether federal preemption  compels  a state to allow lay advisors to represent parties is distinct from whether California  may  allow lay advisors to represent parties. 8 FN8.  The statutory scheme neither expressly permits nor bars the use of lay advocates... 97. Bell Consumers, Inc. v. Lay, 203 F.Supp.2d 1202, 2002 WL 850009, 89 A.F.T.R.2d 2002-2045, 2002-1 USTC  P 50,366, , W.D.Wash., March 19, 2002   ...separate case from the quiet title action.    Those claims against the federal defendants are dismissed by this order.    Finally, there appear to be exceptional circumstances weighing against this court's retaining jurisdiction over the claims based on state law.    A review of ...   ...related to the quiet title action, including striking pleadings.    The case has already been the subject of a state appellate court ruling regarding whether a non-attorney can represent Bell Consumers and/or the Johnsons.    The issue of who may represent Bell Consumers has been raised in state court... 99. In re Schneider, 271 B.R. 761, 2002 WL 75835, , Bkrtcy.D.Vt., January 04, 2002   ...moved for entry of order imposing penalties upon bankruptcy petition preparer (BPP) and requiring disgorgement of fee paid.  The Bankruptcy Court,  Colleen A. Brown , J., held that: (1) UST failed to prove that non-attorney BPP had engaged in unauthorized practice of law; and (2) while total fee of $300 claimed by BPP, which represented ten hours of work at hourly rate of $30, constituted substantial fee for clerical preparation of Chapter 7 petition and schedules, fee would nevertheless be allowed as reasonable under facts and circumstances of case. Motion denied. West Headnotes [1] 51  Bankruptcy 51IX  Administration 51IX(A)  In... 100. Machadio v. Apfel, 276 F.3d 103, 2002 WL 4632, 77 Soc.Sec.Rep.Serv. 559, Unempl.Ins.Rep. (CCH) P 16691B, , C.A.2 (N.Y.), January 02, 2002   ...Income (SSI) benefits on behalf of her minor child sought judicial review after claim was denied.  The United States District Court for the Eastern District of  New York Eugene H. Nickerson , J.,  2001 WL 477248,  denied application for appointment of counsel, and after allowing parent, who was a non-attorney, to represent child, affirmed denial of benefits.  Parent appealed.  The Court of  Appeals Katzmann , Circuit Judge, held that: (1) non-attorney parent who has a sufficient interest in case and meets basic standards of competence may bring an action for SSI benefits on behalf of his or her child without representation by an attorney; (2) district court properly allowed parent to represent child; and (3) substantial evidence supported finding that child's scoliosis did not render her disabled and thus eligible for benefits ...   ...Public Welfare 356AII  Federal Insurance Benefits in General 356AII(C)  Procedure 356AII(C)3  Judicial Review 356A 149   5  k. Further Review. Court of Appeals would sua sponte consider whether district court erred by allowing non-attorney parent to pursue action following denial of claim for Supplemental Security Income (SSI) she had filed on behalf of her minor child without representation by counsel. [2] 45  Attorney and Client 45II  Retainer and Authority 45 62  k. Rights of Litigants to Act in... 102. Lister v. Principi, 25 Fed.Appx. 853, 2001 WL 1243815, , C.A.Fed., October 01, 2001   ...Lister has not responded. FN*  A response was received from appellant's spouse, Jan Lister.    We note that a litigant may appear pro se or be represented by counsel.    A nonattorney may not represent a litigant before this court. See Fed. Cir. R. 47.3(a) ;  Guide for Pro Se Petitioners and Appellants, ¶  1. On April 27, 2001... 103. Martin v. Principi, Slip Copy, 2001 WL 959317, Unpublished Disposition, Vet.App., August 15, 2001   ...of mandamus and docketed the matter separately as the instant matter.  On June 22, 2001, in this separate matter, the Court received from the non-attorney representative a pleading that the Clerk of the Court stamped as filed upon receipt.  The non-attorney representative has not filed a motion for appearance in this matter pursuant to Rule 46(c) of this Court's Rules of Practice and Procedure (Rules) nor did the June 2001 pleading include, as required by Rule 46(d)(3), the name and signature of a supervising attorney authorized to practice before this Court.  Thus, the pleading received in June 2001 will not be accepted for filing by the Court.  The Court will revoke the Clerk's designation of the June 2001 pleading as having been filed and return the pleading to the non-attorney representative.  Because of the potential for confusion over the Clerk's filing of that pleading, the Court will extend for another 30... 104. Cordoba v. Massanari, 256 F.3d 1044, 2001 WL 826643, 74 Soc.Sec.Rep.Serv. 376, Unempl.Ins.Rep. (CCH) P 16658B, 2001 DJCAR 3808, , C.A.10 (N.M.), July 20, 2001   ...July 20, 2001. After the Social Security Administration (SSA) rejected numerous fee agreements a non-attorney representative had submitted for approval, resulting in a loss of fees, he brought statutory and equal protection challenges to the statutory and regulatory scheme governing ...   ...District of  New Mexico Martha Vazquez , J., dismissed constitutional claims and declined to grant equitable relief, and representative appealed.  The Court of  Appeals Reavley , Senior Circuit Judge, held that: (1) the only source of district court jurisdiction of the statutory claims was the limited jurisdiction provided under the federal mandamus statute; (2) mandamus relief was properly denied; (3) the district court had general federal question jurisdiction of equal protection claim; and (4) the differing treatment of attorneys and non-attorney representatives with respect to payment of fees does not violate equal protection. Affirmed West Headnotes [1] 356A  Social Security and Public Welfare 356AI  In General 356A 8  Administrative Proceedings 356A 8   20  k. Judicial Review. On the statutory claims of non-attorney representative of clients seeking social security benefits, complaining of rejection by the Social Security Administration (SSA) of fee arrangements he had submitted for approval, the only source of district court jurisdiction was the limited jurisdiction provided under the federal mandamus statute; representative was not a “ party ” under the Social Security Act review section.   28 U.S.C.A. §  1361 ;  Social Security Act, § §  205 ...   ...and Adequacy of Other Remedy in General 250 3(8)  k. Statutory or Administrative Remedies. In proceeding under the district court's mandamus jurisdiction, the court properly refused to order the Social Security Administration to approve a non-attorney representative's previously denied fee agreements or other requested injunctive relief, where representative failed to offer proof that he had exhausted all other avenues of relief before the agency.   28 U.S.C.A. §  1361... 106. Millar v. Principi, 18 Vet.App. 5, 2001 WL 805716, Unpublished Disposition, Vet.App., July 02, 2001   ...a particular case. Thomas,  1 Vet.App. at 291 The showing of “good cause” under the fourth category as to a non-attorney representative who is not accountable either to an attorney or a chartered and recognized veterans' service organization, is for the protection of both the appellant and the Court's integrity.  Permission to appear in such capacity is limited to those circumstances where the showing of good cause satisfies the intent, structure, and context ...   ...the language of the rule and the specific situation presented”  in each case.  Id. In a prior appeal to this Court, Mr. El Malik was permitted to appear as a non-attorney representative.  See  Martin v. Principi,  No. 00-2439. At the same time, he was informed that his appearance as a non-attorney practitioner was limited to that case only and that he would not be permitted to enter an appearance in any other case until he submitted, and had granted by the Court, an application for admission.  He was further ...   ...that complies with  Rule 46  or otherwise has been received from Mr. El Malik.  As a consequence, his motion to appear will be denied.  Because the Court will deny his motion to appear, it will not reach any other argument raised in that motion. On consideration of the foregoing, it is ORDERED that... 109. State v. Yankora, Not Reported in N.E.2d, 2001 WL 276904, , Ohio App. 11 Dist., March 16, 2001   ...it clear whether she was denied counsel, or she was denied “counsel of choice.”  In her submissions to the trial court, it appears appellant was seeking representation by a non-attorney in violation of  R.C. 4705.01 It appears that the trial court properly did not permit her to be represented by a lay person, and this denial is... 110. Zimmerman v. Mahaska Bottling Co., 270 Kan. 810, 19 P.3d 784, 2001 WL 227884, , Kan., March 09, 2001   ...Court Rule 4.01 2000 Kan. Ct. R. Annot. 28)    The issues raised on appeal include (1) whether the district court erred in finding that French acquired material and confidential information regarding Dickson & Pope's representation of Zimmerman;  (2) whether the Kansas Rules of Professional Conduct (KRPC) apply to nonattorneys;  (3) whether  KRPC 1.10(b) 2000 Kan. Ct. R. Annot. 349)  allows for the use of “screening devices” to avoid disqualification in situations involving nonattorney employees;  and (4) whether the de facto screening used by Fisher Patterson is effective to prevent disqualification of the firm... 111. Pope v. Principi, 17 Vet.App. 511, 2001 WL 224716, Unpublished Disposition, Vet.App., February 26, 2001   ...Court.  The certificate of service for the notice of appeal was signed by Mr. McLemore.  On May 16, 2000, the Court received a notice of appearance listing the appellant's representatives as William W. McLemore, a non-attorney practitioner, Ernest M. Harper, another non-attorney practitioner, and Gordon Sargent, esquire, the supervising attorney. On August 15, 2000, the parties filed a joint motion requesting a ...   ...non-attorney practitioner, providing of course, that such services were rendered under the direct supervision of an attorney.  While it appears from the pleadings that there is a total lack of supervision on the part of Mr. Sargent, he indicated in ...   ...prepared pursuant to Rule 46(b)(1) with direct attorney supervision.” As we stated in  McCracken,  we will normally accept representations made to the Court by a member of the Court's bar as an officer of the Court and thus would presume that when such an attorney certifies that he supervised a non-attorney practitioner, such supervision actually took place.  Id.  (citing  Wagner v. Henman,  902 F.2d 578 (7th Cir.1990)  and  McKinney... 113. Spirit of the Avenger Ministries v. Com., 767 A.2d 1130, 2000 WL 33126204, , Pa.Cmwlth., January 25, 2001   ...the Ministries' application for tax-exempt status. [1]  It is well settled that, with a few exceptions not applicable here, non-attorneys may not represent parties before the Pennsylvania courts and most admininstrative agencies. Shortz v. Farrell,  327 Pa. 81, 193 A. 20 (1937) Nolan v. Department of Public Welfare,  673 A.2d 414 (Pa.Cmwlth.1995) petition for allowance of  appeal denied 546 Pa. 650, 683 A.2d 887 (1996) McCain v. Curione,  106 Pa.Cmwlth. 552, 527 A.2d ...   ...591 (1987)    As the instant matter is the Ministries' appeal of the denial of its application, it may not be represented by its pastor, a non-attorney, in this appeal in this Court. See  Smaha v. Landy,  162 Pa.Cmwlth. 136, 638 A.2d 392, petition for allowance of  appeal denied 539 Pa. 660, 651 A.2d 546 (1994)  (A non-profit medical corporation must have counsel in ...   ...cannot represent itself.);   Walacavage v. Excell 2000, Inc.,  331 Pa.Super. 137, 480 A.2d 281 (1984)  (A corporation may not appear in court and be  represented by a corporate officer and shareholder who is not an attorney.). 3 FN3. See also... 115. Wynn v. Gober, 17 Vet.App. 460, 2000 WL 1846249, Unpublished Disposition, Vet.App., November 09, 2000   ...and  Creutzfeldt Jakob disease , as secondary to exposure to Agent Orange while in active service.  On November 3, 1999, the Court granted Mrs. Wynn's motion to appear as her husband's non-attorney representative in this appeal.  The Court has jurisdiction under  38 U.S.C. §  7252(a)  The Secretary has moved for summary affirmance... 116. People v. Dunson, 316 Ill.App.3d 760, 737 N.E.2d 699, 250 Ill.Dec. 77, 2000 WL 1612313, , Ill.App. 2 Dist., October 24, 2000   ...courts of law be attorneys-at-law;  a layperson may appear only in his or her own behalf). Numerous jurisdictions appear to subscribe generally to the nullity or voidness rule or some variation of it.    See,  e.g.,  McKenzie v. Burris,  255 ...   ...Russell v. Dopp,  36 Cal.App.4th 765, 42 Cal.Rptr.2d 768 (1995)  (general American rule is that unlicensed person cannot appear in court for another, and the resulting judgment is a nullity;  however, client's failure to discover earlier that her attorney was unlicensed was not fatal to her motion for new trial;  client did not knowingly participate in fraud;  representation by unlicensed person is fraud upon unknowing client and fraud upon the court;  strictures against unlicensed practice of law are to protect the public and protection of the litigation process itself;  however, reversal ...   ...Turkey Point Property Owners' Ass'n v. Anderson,  106 Md.App. 710, 666 A.2d 904 (1995)  (nonlawyer's filing of petition and representation of association at trial rendered petition as well as trial proceedings a nullity;  judgment vacated);   Gonsior v. Alternative Staffing, Inc.,  390 N.W.2d 801 (Minn.App.1986)  (under general nullity rule, appeal by one not licensed to represent another would be dismissed where client consciously chose to be represented by nonattorney;  under the facts, rule would be applied in future);   Niklaus v. Abel Construction Co.,  164 Neb. 842, 83 N.W.2d... 120. In re Arons, 756 A.2d 867, 2000 WL 967443, 146 Ed. Law Rep. 763, , Del.Supr., July 06, 2000   ...11(2)  Acts Constituting Practice of Law in General 45 11(2   1)  k. In General. In determining whether IDEA authorized non-attorneys to represent families of children with disabilities in “due process” hearings held by Delaware Department of Public Instruction pursuant to IDEA, Supreme Court was not bound by letter from acting General Counsel of United States Department of Education, expressing his opinion that such representation was allowed; Department overlooked inherent and presumptive representational authority with which counsel are cloaked and non-lawyers are not, and Department selectively chose statements made by two lawmakers, while placing no weight on Senate Report, Senate Conference Report, or remarks of third Senator Williams indicating that lay representation was not authorized.  Individuals with Disabilities Education Act, §  615(f), (h)(1), as amended,  20 U.S.C.A. §  1415(f... 121. State v. Schwartz, 615 N.W.2d 85, 2000 WL 871191, , Minn.App., June 26, 2000   ...impinged on the judiciary's power to oversee attorneys and attorney fees. 599 N.W.2d at 142    In  Holmberg,  the supreme court struck down an administrative scheme that enabled non-attorney child-support officers (CSOs) to draft pleadings and appear at hearings to represent the public without attorney supervision. 588 N.W.2d at 726 Schwartz compares the functions of a supervising agent with those... 126. State, Dept. of Ins. v. Florida Bankers Ass'n, 764 So.2d 660, 2000 WL 628005, 25 Fla. L. Weekly D1219, , Fla.App. 1 Dist., May 17, 2000   ...The non-attorney-represented bank shows no statute or rule authorizing a fee to it;  it instead cites the rule allowing non-attorney representation by a qualified representative,  Florida Administrative Code Rule 60Q-2.008 1  Nothing in this rule authorizes an attorney's fee to a non-lawyer.    The non-attorney-represented bank also cites cases where courts were called upon to determine whether a party engaged in the unauthorized practice of law;  nothing in these cases authorizes... 127. Harris v. Apfel, 209 F.3d 413, 2000 WL 358293, 68 Soc.Sec.Rep.Serv. 437, , C.A.5 (Tex.), April 24, 2000   ...not disabled within the meaning of  §  1382c    Section 406(a)(1) authorizes the Commissioner to draft rules and regulations allowing non-attorneys to represent claimants in administrative proceedings.    The only circuit decision of which we are aware addressing whether a non-attorney representative may proceed  pro se  in federal court in the context of a social security case is  Iannaccone v. Law 10  wherein the court held that a non-attorney representative of a decedent's estate may not appear  pro se  in federal court on behalf of the estate unless the representative was litigating claims or interests in which he, as opposed to the estate, had a personal stake.    In reaching this conclusion the court noted that the lack of a provision parallel to §  406(a)(1), authorizing non-attorney representation of claimants in federal court, evinced Congress' intent that non-attorneys would be permitted to represent claimants only in administrative proceedings before the Commissioner.    Further, the court commented that  §  405(g)  does not address the ...   ...pro se  but, rather, grants the claimant the right to appeal a final decision of the Commissioner. 11   Because the non-attorney  plaintiff in  Iannaccone  was purporting to represent the estate in litigating an interest specific to the estate, rather than claims that were personal to him, the court concluded that he could not maintain his  pro se  federal court action on behalf of the estate. FN10. 142 F.3d 553 (2nd Cir.1998) FN11. “Any individual, after any final ...   ...notice 42 U.S.C. §  405(g) In  Maldonado v. Apfel 12  the district court concluded that non-attorney parents may appear  pro se  on behalf of their minor children in SSI cases.    The court opined that the Second Circuit's general rule prohibiting non-attorney parents from representing their children in litigation is inapplicable in the context of appeals from administrative denials of SSI benefits because the reasons... 128. In re Maloney, 249 B.R. 71, 2000 WL 739022, 44 Collier Bankr.Cas.2d 404, , M.D.Pa., March 31, 2000   ...behalf and requested permission to question the Debtors.    The Trustee refused, stating that it was his belief that if he allowed an individual who was not an attorney or an employee of a creditor to question the Debtors, he would be aiding in the unauthorized practice of law.    Sears filed a motion on May 8, 1996, requesting that the Bankruptcy Court compel the Trustee to reconvene the creditors' meeting to allow participation by Sears' non-attorney representative.    The motion was opposed by the Trustee and by the Debtors.    A hearing was held before the Bankruptcy Court on... 132. Mullen v. Bevona, Not Reported in F.Supp.2d, 1999 WL 974023, 162 L.R.R.M. (BNA) 2856, , S.D.N.Y., October 26, 1999   ...Plaintiff still has not established that the union failed any component of the [legal] test.” In dismissing similar claims, the courts have noted that it is not uncommon, nor a breach of the duty of fair representation, for unions to send non-attorneys to represent their members in hearings.  See, e.g.,  Barr,  868 F.2d at 40; Peterson,  771 F.2d at 1258 Instead of addressing this issue, plaintiff belabors a discussion of whether Mr. Labuda's appearance at plaintiff's grievance hearing constitutes the unauthorized practice of law or some other breach of legal ethics.  While ethical standards... 138. State ex rel. Indiana State