1. In court, you can only represent
yourself
pro se
In the U.S., the general rule is:
- A natural person can speak for themselves in court (pro se).
- Separate legal entities (corporations, LLCs, and often trusts) must be represented by a licensed attorney in most courts.
A trust is treated as a separate “person”/entity for procedure.
So:
- You (Norwood) can represent Norwood.
- But you, as a non-lawyer, usually cannot show up in court and “represent” The XYZ Trust as if you’re its lawyer.
If you try to file pleadings, argue motions, or appear in court on behalf of the trust, many judges will say you’re engaging in unauthorized practice of law.
That’s the core behind:
“You can’t represent a trust.”
They’re talking about courtroom/legal representation, not everyday administration.
2. Trustee vs. attorney: different hats
Even if you’re the trustee, that doesn’t automatically give you the right to be the trust’s lawyer.
- Trustee = manages the trust, signs contracts, opens bank accounts, executes documents.
- Lawyer = licensed to practice law, draft pleadings, represent entities in court.
Most jurisdictions treat a trustee who goes into court “for the trust” as representing the interests of others (beneficiaries). That’s legal representation, which requires a law license.
So a clerk, judge, or opposing attorney might say:
- “You can’t represent a trust, you’re not an attorney.”
- Translation: You, as a non-lawyer, cannot appear in this court as counsel for that entity.
3. You
can
still act for the trust outside of court
Don’t confuse “represent in court” with “act on behalf of the trust” in life.
You can, if properly appointed:
- Sign contracts as “Trustee of [Trust Name]”.
- Open bank/brokerage accounts.
- Execute deeds, notes, bills of exchange, etc.
- Send letters, notices, affidavits in your fiduciary capacity.
- Administer assets and make decisions under the trust instrument.
That’s not “practicing law” — that’s performing your fiduciary duties.
The restriction hits when you:
- Draft and file pleadings “for the trust” in a judicial proceeding, or
- Stand up in front of a judge and argue the trust’s case.
4. Beneficiary vs. “representing the trust”
If you’re a beneficiary, you have your own rights and interests, but that still doesn’t make you the trust’s lawyer.
- You can sue or defend to protect your beneficial interest.
- But you can’t stand there and say you’re “representing the trust” or “all beneficiaries” unless you’re licensed as counsel.
Courts will separate:
- “I, Norwood, appear on my own behalf as a beneficiary regarding my interest in XYZ Trust” → usually okay.
- “I represent XYZ Trust” or “I represent all beneficiaries” → usually not okay without a license.
5. Why people throw that line around
Reasons someone might say to you:
“You can’t represent a trust.”
- Clerk/Judge shutting down pro se filingsThey see you filing stuff in the trust’s name and they’re warning you you’re not allowed to act as its attorney.
- Opposing counsel trying to weaken youThey may use it as a tactic to knock you out on a technicality and get your filings struck.
- Half-educated “trust gurus”Some folks online repeat it without understanding the nuance, making it sound like: “You can’t EVER act for a trust”which is simply false. The real limit is about court representation, not administration.
6. How to play this smart (no fluff)
If you’re dealing with a trust and potential litigation:
- Be precise with your capacity.On paper and in speech, use: “Norwood Emanuel Williams Jr., Trustee of [Full Trust Name]” Or “Norwood Emanuel Williams Jr., Beneficiary of [Full Trust Name]”Not “attorney for” or “representing” the trust.
- In court: don’t pretend you’re counsel.If you must appear: Frame it as you appearing in your individual capacity (beneficiary) or, in narrow cases, as trustee enforcing your own rights. Understand the court may still say the entity needs a licensed attorney.
- For serious litigation: get a real lawyer or avoid that forum.If there is serious money, foreclosure, child support, etc., and the trust is a party, courts will almost always demand licensed counsel for the entity.
- Outside court, you still run the trust.All your trust administration, banking, notices, affidavits, negotiations — you’re fine acting as trustee/beneficiary.