I am a paralegal in NJ, who attempted to assist my daughter-in-law in municipal court. The prosecutor would not permit me to discuss the matter with him when I attempted to produce photographs and discuss a dismissal/plea agreement on her behalf. I explained that she is Russian, and would have difficulty making herself understood in English. He strongly suggested that I was practicing law without a license, and told me to stay out of court. It has been suggested to me that if I had obtained a power of attorney he would have had to permit my assistance. I would appreciate any thoughts, comments or suggestions.
JM
2006-09-14 16:10:49 · 10 answers · asked by Jeanne M 1 in Politics & Government ➔ Law Enforcement & Police
Tell the courts that your daughter in law needs a court certified Russian interpreter and the courts will provide the interpreter free of charge.
Only attorneys can represent people in court, you will not be allowed to negotiate on your adult DIL's behalf.
2006-09-15 00:46:59 · answer #1 · answered by ? 6 · 0⤊ 0⤋
In most places, municipal courts do not require attorneys to represent the people who come before the judge. In many states, the judges in these courts are not even attorneys.
The fact that the prosecutor would not allow you to help your daughter-in-law speaks of how stupid things can be at times. Since she has a problem with the language, you should have been allowed by the judge to speak for her. I am very surprised that the prosecutor was so anal and unhelpful (to say the least). What a snip!! Perhaps you could talk to the attorney you work for and get his/her input??
As a last resort, could you coach your son and have him appear with his wife to help her?
2006-09-14 16:24:57 · answer #2 · answered by Peanut 4 · 0⤊ 0⤋
The entire problem with that - if you are not a lawyer, but act as one, then you can be held as accountable as a lawyer would be if something goes wrong. The prosecutor probably didn't want the appeal of "inadequate representation".
He is right - you are "practicing law without a license". It is the same as an RN making a decision that a doctor only is authorized to make. Many RN's are more than qualified, and probably know as much as the doctor when it comes to medicine, but by making that decision, they are practicing medicine without a license, and if something bad happens due to their decision, they will be held accountable as if they were a doctor and will be sued for malpractice. They will lose their license to be an RN, and they could be involved in civil litigation.
You are opening yourself up to a lot of bad things. I know that she is your relative, and she may not understand, not to mention that she might not be able to afford an attorney. But if she is in need of legal advice, it is unethical of you to give it. Best she contact the local bar and find a lawyer that will work with her. You can aid in her representation, and explain things to her if she is not very fluent in english and you are able to translate for her. But let a lawyer do it. Otherwise you can get into some serious trouble. . .
2006-09-14 16:26:13 · answer #3 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
No, a power of attorney only allows you to sign for another person if that person is not able to sign or not present. It does not have anything to do with being an attorney or allowing you to represent someone.
And you can come to court as a person to explain things to her in Russian if you speak Russian. Or you can even sit by her and tell her what to say and what to present.
But no, if you try and do that, you will be arrested for practicing law without a licence ( not being a member of the bar.
But honestly as a paralegal you have to know that.
2006-09-14 16:30:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No. You must have a law license to practice law.
Power of Attorney does not give you the power to practice law.
A judge in a courtroom I am in every day almost threw someone in jail for drawing up divorce papers and negotiating the divorce between the parties when she didn't have a law license.
We go to school for 3 years for a reason. Unfortunately, until you do the same, you cannot practice law.
2006-09-14 16:13:20 · answer #5 · answered by Salem 5 · 1⤊ 0⤋
power of attorney does not give you a license to practice law. it just gives you the authority to make life threatening decisions that she won't be able to due to a medical/mental impairment. as a para legal you should already know this
2006-09-14 16:14:57 · answer #6 · answered by mrmiketattoo 3 · 1⤊ 0⤋
you are willing to risk you daughter in law because you think that you are qualified to represent her? why would you roll the dice like that? you need to look up what "power of attorney means". since you are a "paralegal" -you should already know what it means.
2006-09-14 17:33:40 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No. you may have a license to coach regulation to talk on behalf of somebody else in a courtroom. a ability of felony expert normally facilitates you to're making financial and scientific judgements for somebody, yet you may no longer characterize them in courtroom.
2016-11-07 08:49:58 · answer #8 · answered by ? 4 · 0⤊ 0⤋
Unfortunately - the answer is a resounding NO.
And don't expect this to change anytime soon because the fox is guarding the hen house.
2006-09-14 16:17:22 · answer #9 · answered by LeAnne 7 · 1⤊ 0⤋
that is corect only if you had power of attorny could you do that but my advise is get a laywer because
as they say a man who represents himself has a fool for a clinet
2006-09-14 16:31:08 · answer #10 · answered by markloiseau1000 1 · 0⤊ 0⤋