Legal Question in Business Law in California
As a pauper proper, I filed a fraud complaint against a large corporation in the San Diego Superior Court, with a 206 million dollar prayer and named myself as an individual plaintiff. The complaint was demurred and cites the plaintiff real party in interest is a corporation wholly owned by the plaintiff. I have no argument with the said demurrer claim and seek limited scope representation for this case to be the attorney of record for a real party in interest joinder and first amended complaint. Are there any lawyers, who do limited scope representation?
2 Answers from Attorneys
Your corporation cannot practically hire an attorney under a limited representation and be the attorney of record. While parties can hire an attorney for a Noticed Limited Representation, in your case it doesn't work. I'll explain.
First only a licensed attorney can represent the corporation in court (I'm not talking about the small claims division). An attorney who signs up for limited representation does so for specific tasks. In your case it is a noticed limited representation which would be just tasks such as 1. an appearance, 2. to litigate the case, or 3. to conduct the trial.
1. Firstly, one would only appear if there was an attorney of record who just wasn't there, you don't have this so its irrelevant.
2. Secondly to litigate the case? An attorney is not going to litigate a case or have a limited appearance for just a motion and then leave before trial as a judge just wouldn't allow that. The corporation has to have an attorney thus once they sign on they'll be practically stuck absent another attorney taking over.
3. As for trial you cannot have a corporation, litigate a case without an attorney to prepare for trial and then just have an attorney then appear at trial. You cannot get to the trial without an attorney and cannot have a trial without one.
Thus you're going to need to hire an attorney to do both litigation and trial. If the real party in interest is the corporation and you own it have the corporation formally act and hire an attorney to litigate this case for the corporation. If the case has merit, meaning it is legally tenable and the corporation would pay hourly I would do it. I could hire appearance attorneys to show up for any hearings and be there for trial. But I would need to review the case file and trial book if you started one before agreeing to take the case.
Contact me if interested at [email protected] or 424-757-4LAW.
I think that, rather than a formal "limited representation" under Rules of Court 3.35-3.37, you are looking for a deal with an attorney where the attorney will lend his name and file documents on his letterhead, but you, a non-attorney, will do the work. I have done this kind of case where the plaintiff or defendant was a small corporation where I knew the principals well and was quite confident that the matter would resolve quickly. I wouldn't do it where $2 million was at stake, much less $200 million. A suit of this magnitude will require full-time professional attention and perhaps by more than one lawyer.
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