Legal Question in Business Law in Florida

Representing A Corporation Pro Se

I am in a lawsuit. It is against my corp. I have been representing this corp. in court proceedings for over 3 months. At one of my motion hearing there was a substitute judge because the orig. judge was out on vacation. He noticed on all documents I had been signing it ProSe. He asked me if I was a lawyer and I said no. Well he stopped me from continuing the motion that we where there for.

I have filled a motion to represent my corp. pro se and have sited 6 cases where judges have allowed corp. to be represented pro se.In addition, the opposing attorney should have know I was not an attorney because I filed all my documents ProSe clearly below my corp. name and never put any numbers below that so it could be no confusion that I was an attorney.

After the motion hearing I get a motion from the Plaintiff attorney seeking a default judgment because an attorney does not represent my corp. I had filed an Answer, Affirmative Defense, Countersuit, Interrogatories, Discovery, etc. She responded to all these as if I was attorney even when I clearly put ProSe on everything.

Can I say plaintiff�s attorney has waived their right to have an attorney for the corp. by them engaging in a lawsuit with a ProSe corp.? Any suggestions?


Asked on 9/12/03, 4:06 pm

3 Answers from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Representing A Corporation Pro Se

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: I have no idea how another attorney can waive the longstanding requirement that a corporation be represented by an attorney. A corporation is a legally seperate and distincy entity from yourself. And only an attorney may represent person other than him/herself. For more reasons than what you have already indicated, I recommend you hire a local attorney immediately, and without delay!

Sincerely,

Randall Gilbert

Read more
Answered on 9/12/03, 5:29 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Representing A Corporation Pro Se

Other than in small claims matters a corporation must be represented by an attorney. To continue on your track courts disaster. Retain competent counsel immediately.

Read more
Answered on 9/12/03, 7:31 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Representing A Corporation Pro Se

NOTE: This communication is not intended to be legal advice. Instead, it is intended solely as a general statement regarding legal principles. You should not rely on or take any action based on this communication without first presenting all relevant details to a competent attorney in your jurisdiction, receiving such attorney's individualized advice for you, and establishing an attorney-client relationship. By reading this "Response" to your question or comment, you agree that the opinion expressed herein and/or the information contained in this response is not intended to, nor does it, create any attorney-client relationship with the law firm of Gonzalez & Associates, P.A. or any of its attorneys, nor does it constitute legal advice to any person or entity reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree with the foregoing, then you are instructed to stop here, and do not read any further.

Retain a lawyer. If a lawyer makes an appearance then the basis for the bogus motion for default will no longer exist. There is a waiver argument you can make, but if the court has ruled that the corporation should be represented by counsel, you will be fighting an uphill battle, and may have to appeal the issue which will only delay things and get you farther away from the merits of the case. Perhaps that is your intention. Personally consult with a lawyer experienced in civil litigation and good luck.

Read more
Answered on 9/12/03, 4:46 pm


Related Questions & Answers

More Business Law questions and answers in Florida