united-states new-jersey unlicensed-practice power-of-attorney legal-representation
Do you have to be a lawyer to represent someone else in court?
<p>Recently, I've had to secure durable power of attorney (POA) for a friend of mine with a neurodegenerative disease to help him with a bunch of different matters.</p>
<p>We've been working our way through the pile of issues and it had occurred to me that on several issues, another party could sue my friend for civil damages. Granted, I'm not sure why they would, it'd be like trying to get blood from a stone, but presuming they did my friend is hardly able to represent himself. In that situation, would I be allowed to represent him in court even though I am not a lawyer?</p>
<p>Does the answer change in the event that the matter were criminal and not civil?</p>
<p>I've identified this <a href="https://law.stackexchange.com/q/33084/11906">similar question</a>, but my jurisdiction is different furthermore, I'm unclear how the POA functions in this instance. Said POA was provided to us by a social worker associated with my friend's case, but a copy is freely available through this link: <a href="https://powerofattorney.com/new-jersey/durable-power-attorney-jersey-form-adobe-pdf/" rel="nofollow noreferrer">https://powerofattorney.com/new-jersey/durable-power-attorney-jersey-form-adobe-pdf/</a></p>

<p>A POA (power of attorney) does <strong>not</strong> allow one to represent someone in court. The name is confusing, it dates from a period when &quot;attorney&quot; meant one who acted for another, not just in court. That hasn't been a current meaning for hundreds of years except in this one expression. A POA might now be better called a &quot;power of agency&quot; but the inertia of terminology applies.</p>
<p>According to <a href="https://law.justia.com/codes/new-jersey/2017/title-2c/section-2c-21-22/" rel="nofollow noreferrer">Section Section 2C:21-22  of the NJ code</a>:</p>
<blockquote>
<ol>
<li>a. A person is guilty of a crime of the fourth degree if the person knowingly engages in the unauthorized practice of law.</li>
</ol>
<p>b. A person is guilty of a crime of the third degree if the person knowingly engages in the unauthorized practice of law and:</p>
<p>(1) Creates or reinforces, by any means, a false impression that the person is licensed to engage in the practice of law. As used in this paragraph, &quot;by any means&quot; includes but is not limited to using or advertising the title of lawyer or attorney-at-law, or equivalent terms, in the English language or any other language, which mean or imply that the person is licensed as an attorney-at-law in the State of New Jersey or in any other jurisdiction of the United States; or</p>
<p>(2) Derives a benefit; or</p>
<p>(3) In fact causes injury to another.</p>
</blockquote>
<blockquote>
<p>c. For the purposes of this section, the phrase &quot;in fact&quot; indicates strict liability.
Accoding to the NJ courts:</p>
</blockquote>
<blockquote>
<p>A person is considered to be practicing law when that person's conduct whenever and wherever it takes place is of such a nature that legal knowledge, training, skill and ability are required. This definition of the practice of law is not limited to the conduct of cases in court. (Source: <a href="http://www.njcourts.gov" rel="nofollow noreferrer">www.njcourts.gov</a> › assets › criminalcharges › unprlaw)</p>
</blockquote>
<p>This rule is, if anything, more strictly enforced in criminal cases than in civil cases.</p>
<p>In some states non-lawyers may assist a party in small-claims courts, I believe, but not in NJ.</p>
