Hypothetically speaking...
If the firm of Duey, Cheatem and Howe was sued in small claims class and the only non-lawyer in the company is a janitor, the janitor would represent them? That's pretty wild
No, not unless the janitor is a member of the partnership or corporation (unlikely). In California, if the only members of the partnership or corporation are lawyers then a lawyer that is a general partner of the partnership or officer of the corporation may represent the law firm.
From the Code:
116.530.
(a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action.
(b) Subdivision (a) does not apply if the attorney is appearing to maintain or defend an action in any of the following capacities:
(1) By or against himself or herself.
(2) By or against a partnership in which he or she is a general partner and in which all the partners are attorneys.
(3) By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys.
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