Untitled Texas Attorney General Opinion ( 1980 )

The Attorney General of Texas
September 5, 1980
MARK WHITE
Attorney General
Honorable George N. Rodriguez, Jr. Opinion No. MW-235
El Paso County Attorney
El Paso, Texas 79901 Re: Whether a non-lawyer apart-
ment manager may represent an
individual, partnership or corporate
owner of sn apartment in a forcible
entry and &tamer action
Dear Mr. Rodriguez:
You ask two questions concern* the representation of an apartment
owner by a non-lawyer apartment manager in a forcible entry and detainer
suit. Your questions are as follows:
1. Can a non-lawyer apartment manager represent
an individual, partnership ce corporate owner of an
apartment by filiq a complaint in an P.E.D. action?
2. Can a non-lawyer apartment manager
represent an individual, partnership, or corporate
apartment owner at an P.E.D. hearing?
Articles 3973 through 3994, V.T.C.S., provide for a forcible entry and
detainer suit. Any justice of the peace of the precinct where the property is
situated LIS jurisdiction of such a suit. V.T.C.S. art. 3973. Rules 738
through 755 of the Texas Rules of Civil Procedure govern procedure in an
P.E.D. suit.
As a general rule, representation of others before a court constitutes
the practice of law, and it may not be done by a non-lawyer. Borden, Inc. v.
Wallace, 570 S.W.2d 445 (Tex. Civ. App. 1978 - El Paso, writ dism’d). Some
exceptions to this rule have been made by statute. See Attorney General
Opinion H-539 (1975); see also Attorney General Opinion H-974 (197’7)
(appearance by non-lawyers at administrative hearings).
Rule 7 of the Texas Rules of Civil Procedure provides that any party
to a suit may appear in person, or by an attorney. This provision has been
interpreted as applying only to individuals and not to corporations. Globe
p. 144
Honorable George N. Rodriguez, Jr. - Page Two (NV+235)
Leasing, Inc. v. Ellgine Supply and Machine Service, 437 S.W.2d 43 (Tex. Civ. App. -
Houston [Ist, Dist.1 1969, no writ). Thus, while an individual apartment owner could
appear, in court and represent himself, a corporation could appear only through an
attorney.
Rule 7 applies to an action in a justice court pursuant to rule 2, which provides in
part:
These rules shall govern the procedure in the justice, county,
district, and appellate courts of the State of Texas in all actions
of a civil nature, with such exceptions as may be hereinafter
stated.
T.R.C.P. rule 2.
Thus, a non-lawyer apartment manager may not represent an individual,
partnership, or corporate apartment owner at an P.E.D. hearing. We believe, however,
that rule 739 of the Texas Rules of Civil Procedure makes an exception for fiti% a
complaint. It provides in part:
When the party aggrieved or his authorized agent shall file
his written sworn complaint with such justice, the justice shall
immediately issue citation. . . .
We believe the apartment manager may file a complaint for the owner as his
authorized agent. Compare T.R.C.P. rule 14. Although briefs submitted to us suggest
policy reasons for permitting non-attorneys to represent corporations in F.E.D.
hearings we do not believe the language of rule 739 or any other rule implies that a
non-lawyer sgent may appear for the apartment owner in a hearing. See, e.&,
T.R.C.P. rules 743-745.
SUMMARY
A non-lawyer apartment manager may represent an
individual, partnership, or corporate owner of an apartment by
filing a complaint in a forcible entry and detainer action, but he
may not represent the apartment owner at an F.&D. hearing.
gw
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
p. 745
Honorable George N. Rodriguez, Jr. - Page Three (m-235)
Prepared by Susan Garrison
Assistant Attorney General
APPROVED:
OPINION COMMlTTEE
C. Robert Heath, Chairman
Jon Bible
Zoleta Courtney
Susan Garrison
Rick Gilpin
Greg Wilson
Bruce Youngblood
P. 746