Reshard v. Britt

TJOFLAT, Circuit Judge,

dissenting in which JOHNSON and CLARK, Circuit Judges and TUTTLE, Senior Circuit Judge, join:

I

In January 1984 Connie Reshard and Leroy Reshard (the Reshards) were appointed as personal representatives of the estate of Minnie Reshard. Acting as personal repre*1500sentatives, the Reshards filed a wrongful death suit in federal district court on behalf of the decedent’s estate and certain of her survivors.1 The Reshards, who are not themselves licensed attorneys,2 sought to prosecute the wrongful death claim without the aid of an attorney.

After the parties had engaged in…