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Scope of nonlawyer representation

Chicago, IL |
Filed under: Trusts

I have three questions:
1. can a nonlawyer represent trust/housing coop in court?
2. can a nonlaywer represent trust/housing coop in arbitration/mediation proceedings?
3. can a nonlawyer prepare trust agreement (in whole) without beneficiaries written approval?

Attorney Answers 4

Posted

More facts are needed to answer your questions. Non lawyers cannot act as lawyers. So as to questions 1 and 2, in what capacity would they appear? As to 3, it is unwise, but many people attempt to draft their own estate documents. My best advice is to consult in private with an attorney who can get to the bottom of your questions and advise you appropriately. Best of luck.

Answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations.

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Asker

Posted

1. appearance in court as representing the trust/coop 2. litigation against residents shareholders 3. It's not just "draft" but preparing and passing as trust agreement. is it just "unwise"?

Pearlette Vivian Toussant

Pearlette Vivian Toussant

Posted

Generally speaking, one can be a corporate representative representing a company in a NON lawyer capacity. This happens all the time because companies need persons to do things.

Posted

The answer to all your questions is that legal representation requires an attorney licensed in the state in which the representation is needed. Practicing law without a license is a crime, at least in Illinois, where your question originated. So then the next question is whether the activities you ask about are legal representation. If you have a doubt, you should assume the answer is yes and make your decisions accordingly. The activities you specifically ask about would be considered the practice of law.

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Asker

Posted

Thanks. I believed so, but I needed to confirm. To make sure, I'd appreciate your confirmation: 1. a nonlawyer cannot create any trust agreement (not just living trust) on behalf of beneficiaries 2. nonlawyer cannot represent trust/coop housing in arbitration/mediation procedding.

Posted

An non-lawyer may not hold themselves out to be a lawyer and/or practice law. If a non-lawyer practices law, it is considered the unauthorized practice of law. Hire a lawyer to handle your legal matters.

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Asker

Posted

I do know that, but the question is "drafting/preparing trust agreement" a "practice of law"?

Posted

No, no, and no. As to your comments to other attorneys regarding your last question, preparing a trust agreement on behalf of someone else would unquestionably be the practice of law.

For more information: www.thomasmoens.com By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.

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