AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.
I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.
Experience Experience in the area I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations belong to State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Expert: Paul D. Friedman, M.A., Ph.D., J.D. Date: 6/2/2008 Subject: Non-Lawyer preparing pleadings for another under the authority of a power of attorney
Question I have Power of Attorney for someone and attempted to appear for that person today in Court (Orlando, Orange County, Florida, 9th Judicial Circuit), as attorney-in-fact, regarding a Department of Revenue/child support case. I also filed two Motions and two Requests for Judicial Notice. The DOR objected to my appearance because I am not an attorney. The POA allows me to act on behalf of the person in ALL of his affairs, including:
. . ."4. To institute, prosecute, defend, compromise, arbitrate and dispose of legal, equitable or administrative hearings, actions, suits, attachments, arrests, distresses, claims, demands, or other proceedings, or otherwise engage in litigation in connection with the premises between me and any person, firm or corporation in such manner and in all respects as my said attorney-in-fact may deem fit;" . . .
My understanding of the POA, prior to today, was that I could appear on that person's behalf just as they could appear on their own, without an attorney.
I was told, by the representative of DOR, that what I attempted to do was UPL and that I was lucky the Judge didn't "do something to me." The Judge told me that having Power of Attorney and acting as attorney-in-fact is not the same thing.
I have since located and reviewed Virginia UPL Opinion 194 which deals specifically with this same issue. I have not found anything in Florida, yet. It appears the DOR attorney may be correct.
Does a power of attorney allow a non-lawyer to file pleadings with the Court and appear on that person's behalf?
Thank you.
Answer Soni,
This may be different depending on the jurisdiction, however, a Power of Attorney does not allow a non-attorney to represent another party in a Court of Law. I think the representative was probably correct that the judge could have taken some harsher measure but it sounds as if you were respectful which goes a long way.
