I answered a complaint for me and a friend, is that okay?

[xz2019]

What is the name of your state? North Carolina

Joe filed a complaint to me and my friend Tony ( Tony and me both as defendants in this case).
Tony's English is very poor, so we discussed the case, and I wrote the answer in English then filed to the court and Joe's attorney with both Tony and me signed.

Joe's attorney said the answer is illegal, since Tony doesn't know English, so I represented him for court issue, but I don't have a license to practice the law.

Could Tony and me file the answer together?

Actually Joe's attorney filed a 'Strike for Answer' for this, saying our answer is illegal.
Should we answer this 'Strike for Answer' also?

 

[Zigner]

The problem here is that you are committing a CRIME. Tell Tony to get an attorney to assist him - and you might also want to have an attorney assist you.

 

[LdiJ]

What is the name of your state? North Carolina

Joe filed a complaint to me and my friend Tony ( Tony and me both as defendants in this case).
Tony's English is very poor, so we discussed the case, and I wrote the answer in English then filed to the court and Joe's attorney with both Tony and me signed.

Joe's attorney said the answer is illegal, since Tony doesn't know English, so I represented him for court issue, but I don't have a license to practice the law.

Could Tony and me file the answer together?

Actually Joe's attorney filed a 'Strike for Answer' for this, saying our answer is illegal.
Should we answer this 'Strike for Answer' also?

It was ok for you to translate Tony's answer for him since his English is poor. I am not sure about whether or not it was ok for you to file a joint answer. What did the attorney say was illegal about your joint answer?

 

[Zigner]

It was ok for you to translate Tony's answer for him since his English is poor.

The State of North Carolina disagrees with you: https://law.onecle.com/north-carolina/84-attorneys-at-law/84-4.html

It is NOT ok for the OP to translate and write the answer on behalf of another person.

 

[not2cleverRed]

It was ok for you to translate Tony's answer for him since his English is poor. I am not sure about whether or not it was ok for you to file a joint answer. What did the attorney say was illegal about your joint answer?

xz2018 is not an unbiased party, and his skills as a translator may or may not be adequate.

Tony should write his own response in whatever language he is fluent and a court approved translator can translate it. (Or hire a lawyer who either speaks his language or has a translator (not Joe) on staff.)

If Tony is not comfortable speaking English, the court is going to need a translator anyhow.

 

[LdiJ]

The State of North Carolina disagrees with you: https://law.onecle.com/north-carolina/84-attorneys-at-law/84-4.html

It is NOT ok for the OP to translate and write the answer on behalf of another person.

That says nothing about translations. The courtroom translators are not attorneys. People who translate documents for attorneys are not attorneys. I translate and notarize documents as an accurate translation all the time. Many of them are used in court. Someone who does not speak english well has the right to a translator.

There is a difference between translating and writing the document for someone. I acknowledge that. I would hope that you would as well.

 

[Zigner]

That says nothing about translations. The courtroom translators are not attorneys. People who translate documents for attorneys are not attorneys. I translate and notarize documents as an accurate translation all the time. Many of them are used in court. Someone who does not speak english well has the right to a translator.

There is a difference between translating and writing the document for someone. I acknowledge that. I would hope that you would as well.

Are you daft? The OP picked out the form (or created the form) and filled out the form on behalf of his friend. That's the flipping definition of UPL!

 

[Zigner]

From my link:

"... it shall be unlawful for any person or association of persons, except active members of the Bar of the State of North Carolina admitted and licensed to practice as attorneys-at-law, to ... give legal advice or counsel, or to prepare legal documents ..."

 

[Just Blue]

Perhaps some of the attorneys will chime in:

@Ohiogal @Taxing Matters @TigerD @Mass_Shyster

 

[Zigner]

Perhaps some of the attorneys will chime in:

@Ohiogal @Taxing Matters @TigerD @Mass_Shyster

I hope I'm right haha

 

[Taxing Matters]

What is the name of your state? North Carolina
Could Tony and me file the answer together?

What are you and Tony being sued for? In most instances a joint answer would not be permitted. You would each need to file your own answer. Tony cannot get assistance from you in completing his answer. The most you could for him is follow the instructions he dictates to you on completing his answer and providing translation to English if you are qualified to translate. This means you cannot tell him what form to use (if there is a form), how to format the answer, what things to put in the answer, or anything else. Nor can you just do things for him in completing the answer based on your knowledge of what to do. All you can do is follow the instructions he gives you. Even if you know the instructions he gives you are wrong, you have to follow those instructions or tell him to get an attorney. In short, you can't tell him anything about how to complete his answer, answer questions for him on how to do it, or simply do it it for him. If he needs any assistance in any way to figure out what to do then he needs a lawyer.

If the court finds out that you prepared the answer for him and that you are not a licensed attorney in NC it will indeed strike his answer. Then he'll need to file a new answer that he does without any assistance from you, assuming that allows that even though the answer would now be late.

 

[Zigner]

If the court finds out that you prepared the answer for him and that you are not a licensed attorney in NC it will indeed strike his answer. Then he'll need to file a new answer that he does without any assistance from you, assuming that allows that even though the answer would now be late.

If he wrote a combined answer, as he described, would the entire answer be struck (meaning the OP's as well)?

 

[Taxing Matters]

If he wrote a combined answer, as he described, would the entire answer be struck (meaning the OP's as well)?

Without reading it and knowing what the case is about I cannot really say what the court is likely to do. There is the possibility though that the entire answer would be struck, especially if it is not clear what parts of the answer relate to the OP and which ones relate to Tony.

 

[not2cleverRed]

That says nothing about translations. The courtroom translators are not attorneys. People who translate documents for attorneys are not attorneys. I translate and notarize documents as an accurate translation all the time. Many of them are used in court. Someone who does not speak english well has the right to a translator.

There is a difference between translating and writing the document for someone. I acknowledge that. I would hope that you would as well.

What is necessary is that the courtroom translators be independent 3rd parties. The translators are not a party of the case the documents are being used for, either directly or indirectly.

xz2019 is not an independent party.

xz2019 is in the position, when translating, to benefit by modifying Tony's information in translation.

"A translator is a traitor."