law-unauthorized-practice-of-law  

UNAUTHORIZED PRACTICE OF LAW - APPELLATE CASE OPINION EXCERPT

Moreover, Greene and McZeal are not attorneys and may not act as attorneys on behalf of others
because they are not licensed by the State Bar of Texas.  Jimison, 957 S.W.2d at 861 (holding that the
rabbi/reverend who purported to act as next friend of the plaintiff could not act as legal counsel because
he was not licensed to practice law); Magaha v. Holmes, 886 S.W.2d 447, 448 (Tex. App.—Houston [1st
Dist.] 1994, no pet.) (holding that the plaintiff’s mother could not act as his attorney because she was not
licensed to practice law); Martin v. Commercial Metals Co., 138 S.W.3d 619, 622 (Tex. App.—Dallas 2004,
no pet.) (holding that one appellant could not represent other appellants, who were minors at the time of
filing, pro se, because he was not a licensed attorney).  Greene and McZeal have signed and filed
pleadings, motions, and other legal documents involved in this case in both the trial court and this court.  
They also purported to represent McCrimmon and Creton at a hearing.  These acts constitute the
unauthorized practice of law.  See Tex. Gov’t Code Ann. § 81.101 (Vernon 2005) (“[T]he ‘practice of law’
means the preparation of a pleading or other document incident to an action or special proceeding or the
management of the action or proceeding on behalf of a client before a judge in a court. . . .”); Magaha,
886 S.W.2d at 448.  Accordingly, we hold that the trial court properly dismissed this suit because Greene
and McZeal are not proper next friends and may not act pro se to represent others.[1]     
McCrimmon v. Taylor (Tex.App.- Houston [1st Dist.] Feb. 19, 2009)(Bland)
(nonlawyer
pro se party may not sue as next friend of another adult, unauthorized practice of law, motion
to show authority, TRCP 12)
AFFIRM TC JUDGMENT: Opinion by
Justice Bland  
Before Justices Taft, Bland and Sharp
01-08-00644-CV Mae H. McCrimmon & Lula Mae Creton v. Barron Taylor d/b/a B-Sure Mortgate, et al.
Appeal from 280th District Court of Harris County
Trial Court Judge: The Honorable
Tony Lindsay


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