(1) I need to file a small claim in NYC, and I wonder if my brother-in-law who's a licensed attorney in the State of New York can represent me in the case. I heard that a lawyer cannot represent his family member.
(2) If he can't represent me because of the familial relationship, can he at least accompany me into the courtroom to give me tips and assistance while I'm making arguments in front of judge or arbitrator?
KalidoreWestheimer
Favorite Answer
No. But it has nothing to do with the relationship. Lawyers are not allowed to represent a party in small claims actions. Small claims courts require that the parties represent themselves (such courts were established for cost efficiency and streamlining). He can certainly attend the hearing for moral support, however he will not be allowed to offer any legal advice or assistance during the hearing.
Edit: I stand corrected. Apparently New York does allow lawyers to represent litigants in small claims.
Infernal Disaster
Yes.
There are instances where a Judge can dismiss a lawyer from a case due to a relationship *if* a conflict of interest can be established.
For example:
A Lawyer cannot be a witness *and* represent his client at the same time in the same case. If a family member can be witness in a criminal or civil case, as a Lawyer they cannot represent you. Of course that applies to all lawyers.
bkc99xx
Dang, he's the lawyer. Why not try asking him first?
Or, are you afraid that he will consider that your free consultation and start charging for everything from this point on?
Dave87gn
yes