law-unauthorized-practice-of-law
Moreover, Greene and McZeal are not attorneys and may not act as attorneys on behalf of others because they
are not licensed by the State Bar of Texas. Jimison, 957 S.W.2d at 861 (holding that the rabbi/reverend who
purported to act as next friend of the plaintiff could not act as legal counsel because he was not licensed to
practice law); Magaha v. Holmes, 886 S.W.2d 447, 448 (Tex. App.—Houston [1st Dist.] 1994, no pet.) (holding
that the plaintiff’s mother could not act as his attorney because she was not licensed to practice law); Martin v.
Commercial Metals Co., 138 S.W.3d 619, 622 (Tex. App.—Dallas 2004, no pet.) (holding that one appellant could
not represent other appellants, who were minors at the time of filing, pro se, because he was not a licensed
attorney). Greene and McZeal have signed and filed pleadings, motions, and other legal documents involved in
this case in both the trial court and this court. They also purported to represent McCrimmon and Creton at a
hearing. These acts constitute the unauthorized practice of law. See Tex. Gov’t Code Ann. § 81.101 (Vernon
2005) (“[T]he ‘practice of law’ means the preparation of a pleading or other document incident to an action or
special proceeding or the management of the action or proceeding on behalf of a client before a judge in a court.
. . .”); Magaha, 886 S.W.2d at 448. Accordingly, we hold that the trial court properly dismissed this suit because
Greene and McZeal are not proper next friends and may not act pro se to represent others.[1]
McCrimmon v. Taylor (Tex.App.- Houston [1st Dist.] Feb. 19, 2009)(Bland)
(nonlawyer pro se party may not sue as next friend of another adult, unauthorized practice of law, motion to show
authority, TRCP 12)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Justices Taft, Bland and Sharp
01-08-00644-CV Mae H. McCrimmon & Lula Mae Creton v. Barron Taylor d/b/a B-Sure Mortgate, et al.
Appeal from 280th District Court of Harris County
Trial Court Judge: The Honorable Tony Lindsay