In re Guetersloh, 326 S.W.3d 737 (Tex. App.—Amarillo 2010, no pet.).
Trustee attempted to represent himself pro se, that is, without an
attorney, in both his capacity as a trustee and in his individual
capacity. The appellate court held that Trustee had no right to proceed
pro se in his representative (trustee) capacity but could proceed
without an attorney with regard to claims in his individual capacity.
The court explained that allowing Trustee to proceed pro se in his
representative capacity would be the unauthorized practice of law. The
court stated that “if a non-attorney trustee appears in court on behalf
of the trust, he or she necessarily represents the interests of others,
which amounts to the unauthorized practice of law.” The court relied on
Steele v. McDonald, 202 S.W.3d 926 (Tex. App.—Waco 2006, no pet.) in
which the court held that a non-lawyer may not appear pro se in the
capacity as an estate’s independent executor.
Moral: A trustee who is not an attorney may not appear in court pro se
in the trustee’s representative capacity.