in small claims court is the defendant allowed to be represented by an attorney?

Question

We recently were awarded a judgement againist a company in los angeles county. The person named as the defendant didn't show up to the court date but sent a representative of the company. After the judgement in our favor they then filed an appeal and hired an attorney to represent them. once again the defendant did not show up but a representative for his company was present along side the attorney. the attorney began to question the plantiff a family member of mine. he said i couldn't stand next to her because i wasn't an attorney.even though in the previous case i was allowed. Anytime she began to respond to a question the attorney would object and would look over and be very loud and argumentitive however because she isnt an attorney she wasn't allowed to object to anything he stated and was badgered by this attorney. i was under the impression that small claims meant self representation and that attorneys weren't allowed primarily for this reason. if we lose do we have any options

Answer 1

In most small claims courts corporations must be represented by an attorney. The theory is this, the corporation, a fictional entity, cannot personally appear. That means if a representative of the company, even the owner or president, represents the company he or she is acting as an attorney. It is illegal to act as an attorney without a license.

Answer 2

In most cases, attorneys aren't allowed, but if it's a company, an attorney can ask the court for permission to be there, usually saying it's because they represent the company in all matters like this, etc.

The thing is, don't be intimidated by an attorney, and if you're feeling badgered, tell the judge. And someone representing themselves can always object, just like an attorney can. You can still get a transcript of the hearing, and appeal based on the harassment by the other side.

Answer 3

If he found an attorney, then in all likelihood the attorney is aware of some loophole or something to use. I don't think any attorney would bother coming to court to fight a case that was hopeless. I don't know about New Jersey, but in California, if the plaintiff in a small claims action loses, there is no right of appeal. But if you really think your case is that clear cut, go for it.

Answer 4

hello, anybody can be represented by an attorney even in small claims, most of the time people are not represented because small claims court is for small claims and the amount of money that can be collected does not exceed 10k, and it would be too expensive to hire a lawyer now, maybe you are not allowed to stand next to the plaintiff because you were not a witness, if you are a witness the judge should allow your testimony.
if you lose you can appeal.

Answer 5

Your impression that small claims means self-representation is just plain wrong. People often choose (to their peril) NOT to hire an advocate for these disputes because the cost of hiring a lawyer often exceeds the amount in dispute. Nevertheless, you have seen firsthand how much better and better liked by the judge real advocates are in litigation.

Quite often, law students are allowed to take small claims cases as a way of getting experience. Maybe someone from El Centro Legal Clinics would review your judgment if you lose: https://www.law.ucla.edu/elcentro/.

Unfortunately, as you chose not to retain counsel yourself, you'd have a hard time arguing on appeal that you lost because of your decision. Nevertheless, if you lose, you may wish to discuss the possibility of an appeal with a lawyer. The judge may not have extended sufficient legal courtesies to you, the unrepresented plaintiff, and you're not supposed to be penalized for not hiring a lawyer, though it's hard to imagine circs in which lay people would out-argue an experienced mouthpiece. Such is the system.

If you're strapped for cash, maybe a student at one of the El Centrol Legal Advice Clinics would review your judgment for potential appeal issues if you lose. Good luck.

Answer 6

Not that I know of. Where was the judge during thistravesty of justice? If the plaintiff can't object simply because she isn't an attorney, she is essentially unrepresented, even by herself.

But was this appeal in Small Claims Court or in regular court?

Answer 7

Attorneys are not needed in small claims court. Attorneys are needed in the court of appeals. If you lose, you would have to hire an attorney and appeal to the next level.

Answer 8

I hope your friend wins!!!! That company is trying to outwit and scare your friend (who has a legitament case) with their representative and attorney. The court clerk's office can answer technical questions for you.

Answer 9

si

Answer 10

i think so,but the whole purpose is to econamize the situation,it doesnt make sense...................