Can I represent my husband in arbitration

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Can I represent my husband in arbitration

Husband was fired. Went through
mediation process. The employers
decision stands. Now, time for
arbitration process. In the state if
Texas can I his wife represent my
husband in arbitration? Also, is my
husband allowed to view and make copies
of his employee file?

Asked on July 25, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) Unless you are an attorney, you cannot represent your husband in arbitration; arbitration is considered equivalent to a court proceeding for this purpose, and only a licensed attorney can represent another person. Your husband could represent himself; you may not represent him.
2) Whether your husband can get his employee file depends on what any arbiration agreement or clause in a contract (like an employment or union contrat) says, and also on the rules under which this arbitration is being conducted (there are several different arbitration rules, which  are not the same); there is no one-size-fits-all answer to this part of your question.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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