Must Fiduciary Hire Attorney?

A topic of recent interest, here, here, here, and here has been whether an executor, trustee, or other fiduciary must hire an attorney or else be guilty of practicing law without a license.

David Giacalone, editor of the f/k/a . . . one-breath poetry and punditry blog, has recently posted an extensive discussion of this issue here.  Here is an excerpt from this post:

The f/k/a Gang thinks we need a much more positive approach to the pro se applicant in probate court (or any court).  In Feb. 2004, we quoted a New Hampshire report on pro se litigants (“Challenge to Justice,” Jan. 2004, pdf) that has the correct attitude.  The Report ackowledges that “They come into their court, on their own, with a conflict or change in their lives, and they expect a resolution. That is their constitutional right,” and that: 

“All of the suggestions within this report however, are grounded on the single principle that meaningful access to justice in today’s world means a clear recognition by those involved in the system that many of our constituents want to go it alone when they come to court. Our obligation is to give these citizens the help they want, need and deserve.

That brings us back to our opening above, and our 05/05/05 post.  The public in every State, is entitled to user-friendly information that allows an individual access to probate justice without a lawyer.  With such information, many individuals will surely choose to hire a lawyer, but those who do not do not become second-class citizens and supplicants, and they surely are not lepers who need to be barred from court.