San Clemente, CA asked in Civil Litigation and Civil Rights for California

Q: What law can I research to defend against a false State Bar of CA accusation of UPL assisting an ADA Plaintiff for free?

An IFP, mentally incompetent plaintiff ADA case was filed in federal court. The 9th Circuit reversed and remanded for me to be appointed Guardian ad litem and the case is moving forward. The State Bar's policy prevents due process and equal protection for those requiring ADA assistance to file, who cannot afford an attorney.

1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
  • Mill Valley, CA
  • Licensed in California

A: A Guardian ad Litem can not act "in pro Per", but must be represented by counsel. This policy is not something invented by the State Bar. See, for example, the admonition contained in form MC-050, regarding substitutions of attorney. ("NOTICE TO PARTIES APPLYING TO REPRESENT THEMSELVES"). If you wish to understand the rationale better, and perhaps fashion a Due Process argument to change or distinguish your case, you may wish to start by reading the case of J.W. v. Superior. Court (1993) 17 Cal.App.4th 958, 964.

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