One thought on “If I have tge limited power of attorney, can I represent my wife in court, in a…

  1. In small claims you might be able to. Representing another person when you are not licensed is the unlicensed practice of law. The Constitution of the State of Florida gives the Supreme Court of Florida the power to regulate the conduct of attorneys. Through this constitutional grant of authority, the Supreme Court of Florida has the inherent authority to regulate and prevent the practice of law by individuals who are not licensed to practice law in Florida. The court created The Florida Bar and requires all lawyers to be members of that organization which funds the total cost of the lawyer discipline system and the unlicensed practice of law system. The Florida Bar acts as prosecutor in unlicensed practice of law cases, much like the state attorney’s office does in criminal cases. Unlicensed Practice of Law (UPL) committees, of which one-third of the members are not lawyers, investigate instances of unlicensed practice of law. Florida Bar prosecutions are filed with the Supreme Court of Florida and trials are held before judges, called referees, appointed by the court.

    Engaging in the unlicensed practice of law in Florida is also a crime. It is a third degree felony. For this reason, the State Attorney also has the power to bring criminal charges against an individual for practicing law without a license.

    The Federal Trade Commission does not have any laws. It promulgates rules and regulations. Violation of some of those rules & regulations could lead to civil and/or criminal penalties.

    Philip Duvalsaint
    Philip A. Duvalsaint, P.A.
    6574 North State Road 7, # 131
    Coconut Creek, FL 33073

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