Legal Question in Constitutional Law in Michigan

Jurisdiction

Does a officer of a (c)corporation have the right to file and represent the corporation in a case that would be filed and tried in federal court or does it have to employe an attorney on it's behalf?


Asked on 4/23/05, 10:53 am

3 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Jurisdiction

Only licensed attornies may represent corporations in litigation in both state and federal courts.

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Answered on 4/25/05, 8:35 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Jurisdiction

Mr. Aspinwall's answer is generally correct, but there is an exception. A corporation may be represented in small claims court by an officer or employee, but it may not simply give a title to an outisde lawyer in order to pass him off in court as an officer or employee. Parties to small claims cases are not allowed to bring lawyers to court to represent them, but corporations have to send *someone* in order to make an appearance and this someone can be any officer or employee.

If a corporation has a licensed attorney among its officers and employees, that attorney can represent the corporation in any court -- not just in small claims court. Corporations must be represented by counsel other than in small claims cases, but there is no requirement that the attorney come from outside the business.

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Answered on 4/25/05, 9:42 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Jurisdiction

I want to add one point to my prior answer. The subject line of your question says "Jurisdiction," but jurisdiction has nothing to do with your question. Jurisdiction concerns which court (or courts) can properly hear a case and not who may represent the parties.

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Answered on 4/25/05, 10:03 pm


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