Legal Question in Civil Litigation in Georgia

Can I file a civil suit without attorney? We are removing a business partner from the business. We need to get en evaluation and have partner removed. Negotiations have broken down and we need litigation? Our current attorney is not a litigator and we want to move forward ASAP as we find attorney to litigate. Can we start suit without attorney


Asked on 12/28/12, 6:55 am

3 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Sure, anyone can file anything. How do you know what legal claims you have and the elements of each? Do you know what claims MUST be made on the first day or forever lost? You'll need to plan on paying a lawyer at least as much, if not more, in fees to do everything over and you risk a dismissal or a permanent bar from raising some claims. You also risk losing any legal right to remove or restrict the partner (if there is a valid reason) until the lawsuit is over (years down the road).

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Answered on 12/28/12, 7:03 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

That is an awful idea for complex litigation. Get a lawyer.

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Answered on 12/28/12, 7:45 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It depends on who is filing the claim. Except in magistrate (small claims) court, a corporation/LLC must be represented by an attorney. If you are filing on your own behalf, an attorney is not required, although I would certainly recommend you retaining one.

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Answered on 12/28/12, 11:07 am


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