McMillan

Over 140 years ago, our Supreme Court stated, “A party to an action may appear in his own proper person or by attorney, but he cannot do both.” (Board of Commissioners v. Younger (1865) 29 Cal. 147, 149 .) The wisdom of this holding is made evident by the case before us.

A plaintiff, having twice been represented by counsel and having twice ended that relationship, represents herself. On the sidelines is a lawyer, not of record, who informs counsel for defendant that he will be making limited appearances in deposition and other unspecified matters for plaintiff. Time for trial is fast approaching and the need to arrange for the depositions of plaintiff’s experts requires that counsel meet and confer. Defense counsel contacts plaintiff and confirms that she is representing herself and is counsel of record. A conversation ensues. Within five days of this call, plaintiff, through an attorney who is not of record, moves to disqualify defendant’s counsel alleging that the conversations constituted a breach of ethics.

Denise McMillan appeals from the order of the trial court denying her motion to disqualify counsel for respondent Shadow Ridge at Oak Park Homeowner’s…