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  1. #1
    Join Date
    Mar 2005
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    Florida
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    435

    Default Must Corporations Be Represented By Lawyers?

    is there a provision in the frcp that says that corporations must be represented by an attorney? bf thinks he read that, but can't find it now?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Must Corporations Be Represented By Lawyers?

    It may be reflected in a local court rule, most likely a local version of FRCP 17.1. That is the long-standing general rule for litigation in federal courts. See e.g, Rowland v. California Men's Colony, 506 U.S. 194, 201-02, 113 S. Ct. 716, 121 L. Ed. 2d 656 (1993) ("It has been the law for the better part of two centuries . . . that a corporation may appear in the federal courts only through licensed counsel.")

  3. #3
    Join Date
    Sep 2006
    Posts
    5

    Question Re: Must Corporations Be Represented By Lawyers?

    In addition, your bf may consider the possibility of being charged with the unauthorized practice of law. This is typically the reason non-lawyers do not represent corporations. Generally, those who are not licensed to practice law cannot represent another entity (perhaps this is overlooked in small business situations) and I'm not sure what the consequences if the person is actually 100% owner of the corporation.

  4. #4

    Default Re: Must Corporations Be Represented By Lawyers?

    In most small claims actions the corporation can have a non-lawyer represent them. You need to check the law in your state. Of course this does not apply to Federal since it has to be for over 75,000.

  5. #5
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Must Corporations Be Represented By Lawyers?

    no, he's filed suit against a corp. who after receiving the waiver of service, stated that they weren't going to get an attorney, because they didn't think they did anything wrong. he filed pro se. when I went to their offices to serve them after the waiver time period was over, then they decided he was serious and got an attorney a week and a half later. we just wanted to make sure that they did have to have a lawyer.

    that way, even if they had filed an answer, it wouldn't have mattered if they didn't have an atty.

  6. #6

    Default Re: Must Corporations Be Represented By Lawyers?

    If they did not retain an attorney and respond, that is their problem. If the time for an answer has passed, you need to request a default hearing and probably file an affidavit of default. Go to the court website and read the rules.

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