Can a student legally prepare research for a defendant so as to assisthim in preparing a pro-se pre-trial writ of habias corpus?

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Can a student legally prepare research for a defendant so as to assisthim in preparing a pro-se pre-trial writ of habias corpus?

Asked on March 9, 2011 under Criminal Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You can do legal research, but should not be giving any legal advice.  Since the defendant is representing himself, only his name should appear on any documents you file with the court.  Your name should not appear on the documents.  If you were to give legal advice or if your name appeared on the documents filed with the court, you would be practicing law without a license.  You should not appear in court to represent him as that would also be practicing law without a license. 


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