September 6, 2007

Ask The Lawyer

Situations where individuals may not represent themselves in court

This week's question:
In your last column, you mentioned that a person may sometimes represent himself or herself in court "in pro per." You also mentioned that there are a few situations where this is not allowed—but that was a topic for another day. I am really curious as to just when and why a person cannot represent himself or herself. So, can we make that "another day" now?

Dylan D.
Almaden Valley


Dear Dylan,
Thank you for reading this column, Dylan, and thank you for your question. It is appreciated. "Another day" has arrived.

First of all, let's tackle the phrase, "in propria persona" or "pro per" for short. This is a Latin phrase meaning "in one's own person," according to my “Black's Law Dictionary,” Seventh Edition.

You also see the term "in pro se" (pronounced "proh say" or "proh see"), from the Latin, for oneself; on one's own behalf; without a lawyer. For example, the defendant proceeded "pro se." This is also according to “Black's Law Dictionary,” Seventh Edition.

Sometimes you can represent yourself and sometimes this is not allowed. The following are the usual situations when you cannot represent yourself:

Guardian
Conservator
Trustee
Personal representative
Probate fiduciary
Corporation
Guardian ad lite
Unincorporated association

If you are applying to the court as one of the parties on the above list, you may not act as your own attorney in most cases. The above list is shown on the court form that is used for a Substitution of Attorney—Civil. This form has been approved by the Judicial Council of California for mandatory use. It is form number MC-050, and the latest revision is Jan. 1, 2007.

You can see this form and other court forms on the Judicial Council Web site by clicking on: http://www.courtinfo.ca.gov/forms/. That will give you the home page. In the form list, you can enter form MC—050 or you can enter the name of the form, Substitution of Attorney—Civil.

The above-referenced Judicial Council Web site is sponsored by our government, so you should not encounter any advertising or be put on any junk e-mail lists. No offense is intended for my advertising friends—it's just that on most days now spam is overwhelming. Other commercial companies as well offer various services relating to court forms. Your favorite search engine can lead you to many of these companies.

As stated on the Substitution of Attorney form, you should seek legal advice before you apply to the court to represent yourself. Representing yourself can have serious legal consequences, so it is advisable to see your own attorney before that step is undertaken.

As to the "why" a person may not represent himself or herself in the above categories, the reason is that you may not actually be representing yourself, but others. For example, a trustee is listed, since the person may then be representing others, such as beneficiaries. And a corporation is a separate and distinct legal entity from the person, so that when a person is representing a corporation, he or she must ordinarily be an attorney.

Most of these rules make sense, Dylan. I hope I have shed a little light on a few of them.

Donald J. DeVries
Almaden Valley


Donald J. DeVries is an attorney practicing law in Almaden Valley. If you would like him to answer your question in his next Almaden Times column, you can reach him by e-mail at don@almadenvalleylawyers.com, fax at (408) 268-6502, telephone at (408) 268-9500, or mail at, 6475 Camden Avenue, Suite 200, San Jose, CA 95120. Your matters are personal and private, so of course, he will not disclose your identity or any details about your situation. To view Almaden Times columns since 1986 visit www.almadenvalleylawyers.com. DeVries writes this column to provide you with general information about important legal matters affecting California residents—not to give you legal advice about your specific matter. No attorney-client relationship is created by these articles. The law is complex and constantly changing and varies from state to state. So you should consult an attorney before taking any action that would affect your personal or business matters.