Can my brother-in-law (who is not an attorney) represent me in a personal claims/malpractice lawsuit if he is not going to be paid and if I have given him durable power of attorney? The insurance atty is filing to dismiss complaint based upon the fact that my brother-in-law is not an atty. It is an obvious malpractice with an unlicensed massage therapist with the owner knowingly hiring her anyway. She caused 2nd degree burns during a hot rocks massage. in Marblehead, MA
Elder Law Attorney
Absolutely not. You have right to represent yourself -- although it's a really bad idea when there are plenty of lawyers who might take this case in anticipation of being paid from the settlement. To use your term, it is "obvious malpractice" for a non-lawyer to represent you in court, POA or not. The only circumstance where a judge might entertain the idea is if you were incapacitated -- and in that case, the judge would appoint a lawyer as an guardian ad litem to represent your interests.
You may have a pretty decent case -- but you need a lawyer to help you out here. Get one.
1 lawyer agrees
Criminal Defense Attorney
You need to find a competent attorney that will be able to handle your case. There are many attorneys out there who would be willing to take your case on a contingent-fee, meaning they get paid from whatever settlement you are able to recover. To start you should contact the Mass. Bar Association's Lawyer referral service and they will refer you to attorneys who maybe willing to take on your case.