NEWSLANC EDITOR: Some of our readers have been confusing everyone’s right to represent themselves in court for being allowed to represent others. Here is a Wikipedia report on the requirements to practice law (vis a vis others) in the USA.
Main article: Admission to the bar in the United States
Regulation of the legal profession is a power reserved to the states pursuant to the Tenth Amendment to the US Constitution. Each state, territory and the District of Columbia has its own rules. Unlike many other countries, US jurisdictions do not license legal practitioners as solicitors and barristers, but all licensed attorneys are qualified to practice as both.
All jurisdictions require applicants to pass a moral character evaluation and to pass an ethics examination, which some states administer as part of their bar examinations. Most require applicants to achieve a particular score on the Multistate Professional Responsibility Examination.
All jurisdictions except Wisconsin and New Hampshire require successful completion of a bar exam for admission. Diploma privilege is available in those states for graduates of certain law schools whose degree programmes meet certain requirements.
Educational requirements vary but most states require a baccalaureate degree (with any major concentration, or in general studies), followed by a professional doctorate in law – specifically a (Juris Doctor or Doctor of Jurisprudence degree from a law school accredited by the American Bar Association. Some states accept foreign law degrees and a very small number of states accept US law degrees from unaccredited law schools.
At least one state, California, requires no general degree and no law degree.[54] It is technically possible to become an attorney in California by completing two years of college coursework, or the equivalent as demonstrated by examination; and to meet the legal education requirement by studying law diligently in a lawyer’s office or judge’s chambers for not less than 864 hours over not less than four years. Hours spent as an employee of an attorney or judge do not count as “study.”
A few other states also allow their legal education requirement to be met by study under supervision of an attorney or judge, excluding employment.[55] Very few people pursue these options.[56]
You can practice law and represent someone in federal court because of this law and many more Federal rules of Civil Procedure, Rule 17, 28 U.S. Code A “next friend ”is a person who REPRESENTS someone who is unable to tend to his or her own interest. Every Federal agency has rules that allow one to be represented by a non attorney and Social Security regulations even define it as a right. And, rights cannot be licensed only privileges can. An example would be you have a right to have a firearm because it is in the Constitution but it is a privilege to carry one concealed hence a carry permit. Now, the reason states cannot require a license is because of the Supremacy Clause that these 2 below cases are based on as well as it saying if a conflict exists between state and federal law state judges MUST follow federal law. And these cases among many others McCallen vs. Massachusetts 279 U.S. 620 630 Legislators neither federal nor state may restrict the courts to “Attorneys only” in order to effectually deny counsel to any defendant who evinces a desire to be represented or assisted by a “friend” in preference to an “attorney” .
Practice of law can not be licensed by any state/State. Schware v. Board of Examiners, United States Reports 1957 353 U.S. pgs. 238, 239. These things as well as common sense should tell you you don’t need a license to practice law as if you read the requirements of any elected office in America you need not be an attorney to be elected even to the ones that require you to practice law like the state AG, Common Pleas judge or Supreme Court Justice. Lets take the AG. To obtain a license from the BAR you must have graduated law school and pass the BAR exam. If an AG is elected that is not an attorney it is impossible for them to attain a license so they could not be an AG if that was necessary and its why it not a requirement. As well, The Practice of law is an occupation of Common Right. Sims Vs. Aherns 271 S.W. 720 (1925) Please refer to Blacks for the definition of common right. When I was elected to a local school board I traced government text books back to the 1920’s and the American Education Association has been teaching HS kids no license is needed to practice law for over 100 years.
Ask some for yourself and if they took government classes they know about Preemption and Supremacy. If the American Education Association is incorrect its easy to prove. Show an elected office state or federal that require one to be an attorney to be elected. Your reasoning it is to protect people is well taken however your oath is to the Constitution and this is a right. In America rights allow us to be stupid. its called Freedom. We smoke drink get married and do lots of things it is not in our best interest to do however those things are still protected by our Constitution. I think I have more than a little knowledge.
EDITOR: Here is the difference. Yes, one can defend oneself in a court of law. And yes, one may have a friend help out if there is a need…if you say so.
But this does me that a person can represent a client unless without a law license and being a member of the bar.