#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 ...