There has been alot of questions asked on this forum as well as other forums regarding the legality or illegality of a private investigator giving legal advice to clients that are unrepresented. During any private investigation course, we are informed of the private investigator legal terms and definitions, laws, rules and regulations. The questions were clear, as asked by some...can laypersons or nonlawyers assist those without representation?
I sought the advice of our corporate attorney, I questioned an assistant United States attorney general, I even asked a couple of federal magistrates from the western district and the eastern district regarding the question. From their advice, this is what I was given:
"Litigants can be assisted by unlicensed laymen during judicial proceedings".Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425
"A next friend is a person who represents someone who is unable to tend to his or her own interest".Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend"
"Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969)
So you be the judge. These citations were given to me by those that were questioned. Merely stating that some act is legal or illegal is not "unauthorized practice of law". According to those questioned, the unauthorized practice of law is actually advocating that he/she is an attorney, attempting to represent someone in a court of law as an attorney and so forth. Just FYI for those that were wondering. It is advisable that you contact your own attorney for legal advice as I did mine.
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