An individual may represent himself before a court of law, without a current law license.
An individual may not represent a corporation before a court of law, without a current law license.
Trustee of Trust is an unpaid volunteer, managing the Trust for 10 years. Trust is being sued by a creditor for $10K+. Trust is small, and lacking funds to hire counsel. Coincidentally, the Trustee has a J.D. And passed the Bar, but has not practiced in years, and surrendered law license 20 years earlier rather than do continuing education.
In Wisconsin specifically, but if not directly addressed in WI, then generally:
May an individual who is the trustee of a trust represent that trust before a court of law, without a law license. With express consent of all beneficiaries. Either automatically, or with leave of the court. Without risk of being charged with practicing law without a license?
Is there a statutory basis for such representation, or legal precedent that allows it? If truly a gray area, what similar exceptions would credibly support an argument to allow it?
757.30 1) Every person, who without having first obtained a license to practice law as an attorney of a court of record in this state, as provided by law, practices law within the meaning of sub. (2), or purports to be licensed to practice law as an attorney within the meaning of sub. (3), shall be fined not less than $50 nor more than $500 or imprisoned not more than one year in the county jail or both, and in addition may be punished as for a contempt.
757.30 2) Every person who appears as agent, representative or attorney, for or on behalf of any other person, or any firm, partnership, association or corporation in any action or proceeding in or before any court of record, circuit or supplemental court commissioner, or judicial tribunal of the United States, or of any state, or who otherwise, in or out of court, for compensation or pecuniary reward gives professional legal advice not incidental to his or her usual or ordinary business, or renders any legal service for any other person, or any firm, partnership, association or corporation, shall be deemed to be practicing law within the meaning of this section.
Does previously obtaining a license meet 1)?
Does a Trust avoid the specific parties mentioned in 2)?
Does lack of payment or reward meet 2)?