Legal Question in Constitutional Law in California
Pro Per's Right to see Trade Secret Charges and Evidence
Civil Charge of Trade Secret Misapropriation, personal and corporation. Corporation and personal run out of money, went pro per personal, corporation does not have council. 4000 discovery files many were designated ''Attorney's Eyes Only''. Now that I am pro per the release to me of the 2019d (the charges against me)and the AEO evidence has been denied. The Judge's order says the corporation must be represented by counsel and I personally can use their counsel. The corporation has no money and can not retain council. The order then says an alternative is for me to retain counsel. I have no money. Don't I have a constitutional right to defend my self and that all charges are to be made clear to me. I NEED SOME HELP. This case is set for the Case Management Conference in less than 30 days. The council meet and confer is do now. ANY SUGGESTIONS?
1 Answer from Attorneys
Re: Pro Per's Right to see Trade Secret Charges and Evidence
An individual has the right to represent himself in court, but a corporation does not and can only appear through an attorney (any other person who tried to represent the corporation in court would be practicing law without a license).
Of course, this assumes you personally are a party to the case. If the corporation is the only defendant, then you can't act in the place of its lawyer no matter how closely you are connected to the company. For purposes of this answer, I will assume you have been named as a defendant individually.
Have you and your former lawyer completed the papers necessary to have him released as your attorney and to place you in pro per? If not, you need to do so because the court still regard him as your attorney.
Also, anything that has been filed in the court should have been served on you (or, when you had counsel, on your lawyer). You therefore should have access to it on your own and shouldn't need to see the copies filed with the court.
If you have no lawyer and the court is refusing to let you represent yourself or see the sealed discovery, then it is violating your rights. Without knowing more details, I can't suggest the best way for you to proceed.
In a trade secret case it is appropriate for evidence about the trade secrets themselves to be kept sealed from the public, but not from the parties. Parties can be required to sign agreements not to disclose such information, and if you have not signed such an agreement that could be why you are being denied access to the evidence.
Related Questions & Answers
-
Slavery If the thirteenth amendment abolished slavery then wouldn't the prison... Asked 11/28/03, 12:11 pm in United States California Constitutional Law