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In California small claims court, can a lawyer take part in the case?

Answered for: California

116.530. (a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action. (b) Subdivision (a) does not apply if the attorney is appearing to maintain or defend an action in any of the following capacities: (1) By or against himself or herself. (2) By or against a partnership in which he or she is a general partner and in which all the partners are attorneys. (3) By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys. (c) Nothing in this section shall prevent an attorney from doing any of the following: (1) Providing advice to a party to a small claims action, either before or after the commencement of the action. (2) Testifying to facts of which he or she has personal knowledge and about which he or she is competent to testify. (3) Representing a party in an appeal to the superior court. (4) Representing a party in connection with the enforcement of a judgment. (Amended by Stats. 2003, Ch. 449, Sec. 5. Effective January 1, 2004.)

In a California small claims action an attorney may not take part in conducting or defending the case, apart from the listed situations where the attorney is a party or is appearing for their own all-attorney partnership or professional corporation. The section expressly does not stop an attorney from giving a party advice before or after the case starts, testifying to facts they personally know, representing a party on appeal to the superior court, or representing a party in enforcing a judgment.

This answer is true in California and nowhere else on this site. Another jurisdiction is another answer, or an honest gap: see what has been read for California.

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