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I need 1 studying family law in the South.

2006-09-22 18:35:54 · 9 answers · asked by Anonymous in Politics & Government Law & Ethics

I can represent MYSELF w/no knowledge of the laws of my state...
But a law student can't represent me WHY??

2006-09-22 18:43:03 · update #1

9 answers

No law students can't represent you. But you can represent yourself, as long as you study the laws in your state pertaining to family law & prepare a good argument. Some judges won't take you as seriously, but not everyone has $3000 lying around for retainer fees. Most answers say "hire a lawyer no matter how you get the money" But they don't know your situation.
Try Lexis/Nexis a good website for message boards and a "ask a lawyer" section.
Good luck. I hope you win whatever the case is.

2006-09-23 05:11:09 · answer #1 · answered by grrl 7 · 0 1

"If you can't find or afford a good lawyer, can you hire a 2nd/3rd year law student?"

The quick answer to your question is "No."

Theoretically, the state is preventing you and the rest of the public from receiving the inferior services of someone who is not adequately trained in the law by making it a crime to practice law in your state for law students, paralegals, people who have received degrees from law schools but who have not yet passed the bar exam and attorneys from other states-- no matter how long they may have been in the profession.

If it seems like a scam, it really is.

And while there are some tricky ways around it, most people-- like law students, for example-- won't risk the unauthorized practice of law because if they are charged with it, they can kiss goodbye the time, money, and effort they invested in law school or they can forget about practicing as a licensed attorney ever in their life.

Truth be told, you might actually be able to do as well representing yourself in a family law case as you would with a lot of attorneys-- better in some cases.

Call the local bar association and ask for contact numbers for legal aid organizations or attorneys who are looking to do work "pro bono publico"-- free ("for the good of the public"). If it's child support related, contact the state's department of human and family services.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice and representation before making decisions that may affect your legal rights.]

2006-09-22 20:34:46 · answer #2 · answered by ParaNYC 4 · 0 0

The reason why it is not against the law to appear pro se (representing yourself) is because you are constitutionally allowed access to the judicial/court system in the United States.

Law students are not admitted to the bar, therefore you cannot hire one to practice law on your behalf. Unauthorized practice of law is a felony.

Think of it like this: You can hit yourself in the head with a baseball bat. It's not a good idea ... but there is no law against it. However, if someone else walks up to you and hits you in the head with a baseball bat, it is assault.

Some law schools have programs where students work under the supervision of a lawyer, much like a paralegal in a law office or programs where law students give legal information such as assistance in filling out forms. Perhaps you could see if a law school near you has such a program.

Don,

I think you need to pay more attention in class. You are describing a method of retainer that is common in matters such as personal injury called "contingency basis". Pro bono means representation without compensation.

2006-09-22 19:57:26 · answer #3 · answered by BoomChikkaBoom 6 · 1 0

A person who represents themself has a fool for a client.

Avoid the students. If your issue is worth taking to court; you can't risk the profound consequences resulting from the advice of a student. Fork out the money, work double shifts, do what you have to do - but get a real attorney. Unless that is, you like to lose.

2006-09-22 21:40:29 · answer #4 · answered by Forgiven 3 · 0 0

A student is not yet licensed to practice law.

There are many good credentialed lawyers out there. One must be careful not to rate their attorney based too much on whether they say something that the client doesn't want to hear. Sometimes the truth is a hard pill to swallow.

Continue your search for a licensed attorney, not a student with more appealing answers.

2006-09-22 18:45:14 · answer #5 · answered by nothing 6 · 0 0

everyone else is correct i am a 2ND year law student and until i pass the bar i can not represent anyone nor can i give legal advice but you can get public assistance from your local court or some lawyers work pro bono ( you don't win you don't pay ) good luck

2006-09-22 18:46:58 · answer #6 · answered by don d 1 · 0 0

Law students can't act as your lawyer in court.

2006-09-22 18:39:06 · answer #7 · answered by October 7 · 0 0

See if you have Legal Aid in your area. Otherwise, check with the closest Law School, should be able to find in phone book.

2006-09-22 18:38:37 · answer #8 · answered by Chloe 6 · 0 0

I would think that students are not members of the bar association and therefore cannot prcatice law.

2006-09-22 18:38:45 · answer #9 · answered by CHEVICK_1776 4 · 0 0

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