July 25, 2018
- Plaintiff’s father filed an adversary proceeding on behalf of his 12 year old son.
- Father argued that as a minor, he could represent his son and he was a proper representative.
- Judge recognized that the plaintiff’s father was a proper representative but that did not mean that the could represent his son without Counsel.
- Parents cannot appear pro se on behalf of their minor children because a minor’s personal case is their own and does not belong to the parent or representative.
- Father ordered to retain counsel on behalf of his child.
- Judge further clarified that “unauthorized practice of law is forbidden as a matter of state and federal law, and the court will not hesitate to enforce the proscription.”
- Parents cannot practice law and need an attorney to litigate children’s claims.