united-states criminal-law unlicensed-practice power-of-attorney
Can a power of attorney be used for criminal matters?
<p>Can a layman with a power of attorney lawfully represent someone else in criminal matters?</p>

<p>Not in jurisdictions I am familiar with.  A "Power of attorney" is a power to act as an attorney-in-fact, not to act as an attorney-at-law.  A layperson practicing law for someone other than herself is usually the unauthorized practice of law and is illegal in most jurisdictions.</p>

<p>It would be permissible if a jurisdiction carved out an exception for a particular kind of case, but they generally don't and are very unlikely to do so in a criminal case.  For example, in Washington State "Limited Practice Officers" can assist people with one of a very limited set of civil legal forms that do not need modification.</p>

<p>There may be some exceptions, but they would be more likely to occur before a matter becomes criminal.  For example, the accountant who represents a taxpayer before the IRS, or the agent who files a form containing perjury to a federal agency like the post office or homeland security on your behalf.</p>

<p>So it is very unlikely, but if it is important to you you can ask someone familiar with your kind of case in your jurisdiction.</p>

<p>Statutes that forbid non-lawyers from practicing law are generally called unauthorized practice of law statutes. Every state has some type of law that says only lawyers can practice law. However, every state has a slightly different definition of what it means to "practice law" and who is a "lawyer." The punishment for unauthorized practice of law varies from jurisdiction to jurisdiction. Some statutes authorize criminal penalties, while others only authorize civil fines.</p>

<p>It is important to note that unauthorized practice of law statutes also apply to non-lawyers and require them to jump through certain hoops to appear on cases, or take an entirely different bar exam. For example, of I am only licensed to practice in New York and travel to Colorado and represent a client in Denver. I could be violating Colorado law if I don't properly associate with a local attorney.</p>

<p><a href="http://www.americanbar.org/groups/professional_responsibility/committees_commissions/commission_on_multijurisditional_practice/mjp_uplrules.html" rel="nofollow">Here is a link to an American Bar Association webpage that lists unauthorized practice of law statutes.</a></p>
