Court & Hearings

The following question was originally submitted to John Roska, a lawyer Someone who represents clients in courts or who gives legal advice and writer for the weekly column "The Law Q&A" in the Champaign News Gazette. The article has been updated to include changes in the law and additional information.

Question

A friend asked me to cover a court date for him because he was out of town.  It was just a “status check” to set the next court date.  The judge refused to let me do anything because I’m not a lawyer.  My friend got defaulted and lost his case.  I know I couldn’t represent him at a trial When the issues of a case are heard in court and decided by a judge or jury . Why couldn’t I be there just to find out the next court date?

Answer

Only lawyers can go to court for someone else. It’s the law.

The Illinois Attorney Act says: “No person shall be permitted to practice as an attorney or counselor at law within this State without having previously obtained a license for that purpose from the Supreme Court of this State.” In court cases, you can either represent yourself or be represented by a lawyer. You generally cannot go to court for someone unless you have a law license, even if the case or issues are simple.  

If you’re not a lawyer, you can only go to court for yourself. You could maybe go for your spouse.

The Illinois Attorney Act protects the public from the danger of bad representation by only allowing licensed attorneys to represent someone. That’s why a judge wouldn’t let you appear for your friend unless you are a licensed attorney.

The court thought that the public was vulnerable to “the mistakes, the ignorance and unskillfulness of pretenders.” The pretenders would be the people without a law license.

Individuals can, of course, always represent themselves. The Attorney Act says, “Plaintiffs shall have the liberty of prosecuting, and defendants of defending in their proper persons.”

For federal courts, federal law says pretty much the same thing. “In all courts of the U.S. the parties may plead and conduct their own cases personally or by counsel Another name for a lawyer .”

Spouses can represent each other, but only when they get sued together and the other spouse neglects to defend.

Parents cannot, however, represent their minor A person under 18 years old children. A parent can be their child’s named representative on court papers. They still cannot be their in-court representative. An Illinois court said: “one not authorized to practice law may not represent a minor in a court of record.”

The same applies in federal court. One case said this “helps ensure that children rightfully entitled to legal relief are not deprived of their day in court by unskilled, if caring, parents.”

Some federal and state agencies allow non-lawyers to represent others at administrative hearings. For example, non-lawyer representatives are permitted at Social Security and Unemployment Benefit hearings. (However, not at Worker Compensation Payment for work done or damage suffered hearings.)

In some private arbitration When parties present their case to a third person instead of going to court. The arbitrator’s decision is binding. This means it becomes part of the final judgment even if the parties don’t agree with it. proceedings, non-attorneys are allowed.    

Federal bankruptcy law also permits non-attorneys to prepare bankruptcy petitions. However, those non-attorneys are still prohibited from representing the bankruptcy filers in court.

When it comes to real estate Property consisting of land or buildings like a house or an apartment , non-attorney can’t help you with a real estate closing. Illinois is considered an “attorney state,” meaning lawyers are often a part of the real estate process. Although there is no law that says a buyer or seller must use an attorney, there are benefits to working with an experienced lawyer. They can ensure that the client protects their investment, that the process goes smoothly, and that clients understand all legal agreements before signing any documents related to buying or selling a home.