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Small Claims Court – Are Attorneys Allowed?

February 5, 2006 by Jonathan Stein

In California Small Claims Court, are lawyers allowed in the proceedings?

Attorneys cannot appear and represent clients as an advocate in small claims court. However, attorneys can, and often do, assist with the preparation for the trial. Attorneys may also draft a statement for the client to make or a brief for the judge to read.

If an attorney has knowledge of the facts, he or she can appear as a witness and testify. Of course, an attorney can attend and observe the proceedings from the seating area.

If you sue a business, the business may be able to have an attorney appear as their representative. Also, an attorney can represent a party if the small claims court case is appealed to Superior Court.

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