Attorneys allowed in small claims court?

[robertm]

What is the name of your state? Colorado

I am sueing a small company over a dispute. I was contacted by the attorney that is representing this company. This case is in small claims court. He said he was going to file a notice of representation. As I read the rules for small claims court for Colorado it doesn't appear he can, but he claims he can.

Rule 520 states: No Attorneys. Except as authorized by section 13-6-407, CRS rule 509(b)(2), no attorney shall appear on behalf of any party in the small claims court.

13-6-407 Allows for pro se representation and instances where the attorney is a full time employee, officer, etc. and rule 509 restates much of 13-6-407.

None of these exceptions apply to this attorney, what other grounds can he use for filing a notice of representation?

Thanks,
Robert

 

[Zigner]

How do you know he is not a full time employee of the company?

 

[ForFun]

What is the name of your state? Colorado

I am sueing a small company over a dispute. I was contacted by the attorney that is representing this company. This case is in small claims court. He said he was going to file a notice of representation. As I read the rules for small claims court for Colorado it doesn't appear he can, but he claims he can.

Rule 520 states: No Attorneys. Except as authorized by section 13-6-407, CRS rule 509(b)(2), no attorney shall appear on behalf of any party in the small claims court.

13-6-407 Allows for pro se representation and instances where the attorney is a full time employee, officer, etc. and rule 509 restates much of 13-6-407.

None of these exceptions apply to this attorney, what other grounds can he use for filing a notice of representation?

Thanks,
Robert

You are ignoring the relevant part of Rule 520. Part (a) clearly states: Except as authorized by Section 13-6-407, C.R.S., rule 509(b)(2) and this rule, no attorney shall appear on behalf of any party in the small claims court.

Part (b) then states: On the written notice of the defendant, that the defendant will be represented by an attorney, pursuant to forms appended to these rules, filed not less than seven days before the first scheduled trial date, the clerk of the court shall advise the plaintiff of the plaintiff's right to counsel. Thereupon, either party may be represented by an attorney.

 

[robertm]

The attorney has a full time law practice and practices mostly traffic law. The company is small, and their business is not law related. I guess it is possible that the company will claim they hired the lawyer as a full time employee. But, I would think that would be hard to convince the judge, it would appear very unusual.

Item b in rule 520 starts with "When Attorneys are Permitted in Small Claims Court." This seem to suggest when the attorney met 520 (a) they must file notice. It doesn't seem to open up Attorney access to small claims court by filing. But that is the way I read this. The defendant's attorney could be trying to scare me.

Thanks.
Robert

 

[ForFun]

Item b in rule 520 starts with "When Attorneys are Permitted in Small Claims Court." This seem to suggest when the attorney met 520 (a) they must file notice. It doesn't seem to open up Attorney access to small claims court by filing. But that is the way I read this. The defendant's attorney could be trying to scare me.

You've misunderstood Rule 520.

What you have in quotes above is simply the title of section (b), which was meant to inform the reader that it is the section that discusses when parties may be represented by attorneys. The title was not meant to convey the law itself, which it would have to do under your interpretation. Incidentally, the title does not even stand on its own as a complete sentence, and would make no sense if you were correct.

Moreover, as I already pointed out, part (a) states "Except as authorized by...this rule," which clearly indicates that Rule 520 authorizes attorneys to represent parties in small claims court.

Sorry.

 

[robertm]

That helps. Not what I wanted to hear, but I wanted to understand.

Thanks,
Robert

 

[Ohiogal]

The other thing is if the business is a LLC, incorporation or anything other than a sole properitorship then ONLY an attorney could represent the interests of said business in a small claims court or any other court because for an individual to represent an LLC or other type of business, they would be practicing law without a license.

 

[ForFun]

The other thing is if the business is a LLC, incorporation or anything other than a sole properitorship then ONLY an attorney could represent the interests of said business in a small claims court or any other court because for an individual to represent an LLC or other type of business, they would be practicing law without a license.

Not true at all, and a contradiction of Colorado law.

Rule 509. Parties, Representation and Intervention

(b) Representation.

(1) Partnerships and Associations. Notwithstanding the provisions of article 5 of title 12, C.R.S., in the small claims court, an individual shall represent himself or herself; a partnership shall be represented by an active general partner or an authorized full-time employee; a union shall be represented by an authorized active union member or full-time employee; a for-profit corporation shall be represented by one of its full-time officers or full-time employees; an association shall be represented by one of its active members or by a full-time employee of the association; and any other kind of organization or entity shall be represented by one of its active members or full-time employees or, in the case of a nonprofit corporation, a duly elected nonattorney officer or an employee.

 

[Ohiogal]

My mistake. I should have checked. For some reason I went straight to Ohio where they had a big blow up a few years back about businesses sending employees to represent the company in small claims. Apologies for the confusion. Thanks for the correction