QUESTION
How to find the opposite party's lawyer is licensed and how to prove it to the court
Asked on Jun 06th, 2014 on Civil Litigation - Maryland
More details to this question:
I am the plaintiff in a small claim case in MD, The Defendant's attorney file a motion to dismiss the case, the court grant the motion. But I found Defendant's attorney is not license in Maryland(His law firm's reception desk pass this info to me), Question 1: Does the dismiss motion still legal? Question 2:Is there a way I can prove to the court that this person is not a licensed lawyer. Can I use this reason to ask the court vocate this case?
1 ANSWER
In some jurisdictions, you don't have to be admitted to represent someone in small claims court. I don't know if this is true in Maryland or not. Assuming that the person was required to be admitted to practice in Maryland, he could get into a lot of trouble with the disciplinary committee if it found out about his transgression, but I don't see how it would get your case reinstated. The dismissal was not based on who prepared the motion papers, but on what they said. If this person had prepared the same papers and had his client sign them and submit them pro se, or had a Maryland attorney sign and submit them, the result would have been the same.
Answered on Jun 06th, 2014 at 3:33 PM