Second Circuit: Unrepresented non-attorney may not sue on behalf of another

The Second Circuit ruled today that under federal law an unrepresented non-attorney may not sue on behalf of another person as guardian ad litem. But the Court vacated a district court ruling dismissing sua sponte the claim brought by the purported guardian on behalf of the other person because the other person was not properly represented. That is, a district court may not rule on the merits of a claim brought on behalf of someone by a non-attorney until an opportunity has been provided to the plaintiff to retain an attorney to represent the party on whose behalf the action was brought.

The case is Berrios v. NYC Housing Authority, No. 08-4832-cv (2d Cir. Apr. 23, 2009)

VSC: No pro se suit by executor when there are other beneficiaries

Yesterday the Vermont Supreme Court dismissed an appeal brought by a non-attorney executor on behalf of an estate that had several beneficiaries. The Court explained its ruling as follows: “The authorization to appear pro se is limited to representing one’s personal interest. It does not permit the representative of an estate to bring a suit pro se when there are other beneficiaries.” All 5 justices signed the order dismissing the appeal. It will not be published in the Vermont Reports.

Puppolo v. CSR Corp., No. 2007-354 (Mar. 5, 2007)