Collection
of Legal Fees and Costs by Suspended
Lawyer
Acting Pro Se.
You have
indicated that you have a concern regarding the collection
of monies due you under two circumstances which occurred
prior to the suspension of your license.
The first situation regards your pursuit on
a pro se basis
of payments due you on a number of discounted notes. The second situation involves your filing and pursuing litigation
in your own name to collect attorneyís fees and costs
due you from that period of time prior to your suspension. Some of those attorneys fees have been reduced to judgment
and others are merely outstanding debts.
The Committee
has reviewed your request and is of the opinion that
you may represent yourself pro se
in the two situations described, with two provisos.
First, you may only do so if the claim you
are pursuing is in your name alone.
Thus, if the fees are due to you as a member
of a partnership or if the discounted notes are due
you and a co-owner (your spouse or other party), you
may not proceed pro se since in doing so would be representing another party
while your license to practice law is suspended. Second, the Committee cautions that you
must take every precaution to be certain that opposing
parties, their counsel, and the court know that you
are proceeding pro se and not in any capacity as a lawyer.
Committee
Opinion
March 10, 1989