Legal Question in Intellectual Property in New York

Representation in court

I, president of a US corporation want to sue an English corporation pro se in NY supreme court for breach of contract Breached contract agrees to accept the controlling lw as construed under the laws of the state of New York. Contract specifies a minimum royalty. There was a shortfall. We want it.


Asked on 5/13/08, 8:53 pm

3 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Re: Representation in court

Corporations may not sue pro se. Additionally, service of process internationally is quite complex.

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Answered on 5/13/08, 9:19 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Representation in court

WELL the short answer is YOU CANT. Under NY law the only person that may represent a corporation in legal matters, in COurt, is an attorney.

Now, you have several factors to consider... Is the amount of royalties worth the investment in hiring an attorney. COnsider the amount of money you'll be seeking and subract the estimated attorneys fees... fi the amount still seems worthwhile to you then contact an attorney and proceed immediately, as with ALL civil matters there are statutes of limitations which will control your ability to file a suit...

basically think FAST, think HARD.. .then if you need further assistance feel free to cll my office at 212.709.8303 to set up an appointment so we can continue working on this matter together...

FOR FUTURE REFERENCE... keeo in mind you should ALWAYS consult an attorney when puttin otgether contracts such as these, and seeking such advice of a qualified attorney would wuite possibly have left you in a position to seek other remedies which would have been much more cost effective...

If you need further assistance with this issue as well, please feel free to contact us at 212.709.8303 for futrther assistance

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Answered on 5/14/08, 9:39 am
Nancy Delain Delain Law Office, PLLC

Re: Representation in court

Both of the prior answers assume that the corporation of which you are president is the party to the breached contract. If that is true, then both the prior answers are absolutely correct: a corporation cannot sue without an attorney at the helm of the lawsuit.

However, if you PERSONALLY are the injured party in the breach, and the corporation is not involved, then you can indeed bring suit pro se. However, Mr. Gonzalez is quite correct: international service of process can be a real bear. His cost-analysis formula is also correct. You need to decide whether it's worth it to you.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 5/14/08, 10:49 am


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