§5.05 Attorney Participation

Except as provided below or in a de novo appeal, no attorney may take part in the conduct or defense of a small claims action. [CCP §116.530(a).] This prohibition applies to motions at the first hearing and motions to vacate.

An attorney may appear to maintain or defend an action when the action is [CCP §116.530(b)]:

• By or against himself or herself,
• By or against a partnership in which he or she is a general partner and in which all the partners are attorneys, or
• By or against a professional corporation of which he or she is an officer or director and in which all other officers and directors are attorneys.

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Note that a representative of an insurer or another expert in the matter may assist a party except during the actual hearing. Such individuals may testify to facts of which they have personal knowledge or are qualified to render an opinion. They should not be permitted, however, to question, object, or otherwise interpose themselves in the proceedings except while they are testifying. [CCP §116.531.]