Understanding how to properly assert legal capacity in court is crucial—especially when representing a trust or estate. Many well-meaning plaintiffs unknowingly sabotage their cases by blending fiduciary roles with personal appearances like "pro per" or "in propria persona," triggering instant dismissal. Courts consistently hold that only licensed attorneys may represent legal entities, and failing to distinguish roles invites confusion and legal rejection. This article breaks down what combinations are lawful, what mistakes to avoid, and how to protect your standing by appearing strictly in a fiduciary capacity. It’s not just about getting heard—it’s about being recognized with legal force and precision.
The U.S. judicial system operates under a dual structure of federal and state courts, each with defined jurisdiction based on the U.S. Constitution and statutory law. This structure was codified under the Judicial Code of June 25, 1948 (62 Stat. 869). Below is an overview of the courts, their constitutional basis, and how different methods of pleading—pro se and sui juris, in propria persona—affect one’s standing.