Go Without A Lawyer?

On April 6, 2006, a federal court in New York held that a non-lawyer citizen could not bring a false claims act case without being represented by a licensed lawyer. This decision is in line with previous decisions of other federal courts.

Ordinarily, any citizen can represent himself in an American court, without a lawyer. However, because of the unique nature of false claims act cases, where the citizen (relator) and his lawyer are also representing the United States Government, the courts insist that a licensed lawyer act in that representative capacity.

American courts have never allowed a non-licensed lawyer to be a representative of someone in a lawsuit or criminal case. These decisions follow the same logic. Because the United States Government is definitely a party in a false claims act case, there must be a lawyer representing the government, and not a non-licensed citizen. This recent case, United States of America, ex rel, Mergent Services and John Bal vs. Marie Flaherty, demonstrates why this legal rule can be important.

It was apparent to the judge involved that Mr. Bal, who brought the case, demonstrated distinct characteristics of a troublemaker and someone on a personal vendetta against Marie Flaherty.