Jennifer M. Rivera-Wagner, as Trustee of the Adiella Faith Living Estate Trust, Petitioner, v. Samuel Wayne Wagner, Respondent. (2026)

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.

GANNAM, J.

NARDELLA and PRATT, JJ., concur.