JENNIFER M. RIVERA-WAGNER, AS TRUSTEE OF THE ADIELLA FAITH LIVING ESTATE TRUST
v.
SAMUEL WAYNE WAGNER
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A non-attorney trustee cannot represent a trust in court proceedings because doing so constitutes the unauthorized practice of law, and no trust instrument provision can legally authorize such representation.
[1] A trust instrument cannot legally authorize a non-attorney to represent the trust in court proceedings, as such representation would constitute the unauthorized practice…
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Join FLexlaw to unlock all legal intelligence“The supreme court shall have exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted.”
Citing Article V, Section 15 of the Florida Constitution to establish the constitutional basis for regulating legal practice.
Jennifer M. Rivera-Wagner, appearing pro se as trustee of the Adiella Faith Living Estate Trust, sought certiorari review of a circuit court order req…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2026-2636 Lower Tribunal No. 2026-CA-004081
JENNIFER M. RIVERA-WAGNER, as Trustee of the ADIELLA FAITH LIVING ESTATE TRUST,
Petitioner,
V.
SAMUEL WAYNE WAGNER,
Respondent.
Petition for Writ of Certiorari to the Circuit Court for Polk County. Keith P. Spoto, Judge.
October 23, 2026
GANNAM, J.
Petitioner, appearing pro se and "in her capacity as Trustee of the Adiella Faith Living Estate Trust," seeks certiorari review of an order requiring her to retain legal counsel to represent the trust in proceedings in the lower tribunal and an order striking her pro se filings in violation of the retention order. Petitioner is not an attorney and, therefore, cannot represent the trust in court proceedings because doing so would constitute the unauthorized practice of law. See Gonzalez v. Lagrasse, 51 Fla. L. Weekly D1771, 2026 WL 2507857 (Fla. 6th DCA Aug. 26, 2026). Petitioner
argues, as she did below, that the trust instrument prohibits attorney representation of the trust. But the terms of a trust instrument cannot legally authorize trust representation—i.e., the practice of law-by a non-attorney. See Art. V, § 15, Fla. Const. ("The supreme court shall have exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted."); Fla. Bar v. TIKD Servs. LLC, 326 So. 3d 1073, 1077 (Fla. 2021) (“Included within this constitutional mandate is the authority to define what constitutes the practice of law, as well as the authority to regulate the activities of persons admitted or authorized to so practice.").
PETITION DISMISSED.
NARDELLA and PRATT, JJ., concur.
Jennifer M. Rivera-Wagner, Lakeland, pro se.
No Appearance for Respondent.