Legal Question in Business Law in New York

Received a court order, which states that I have 30 days to find another lawyer or represent myself thereafter. On the document there is a date noted prior to all the ordered points, so I am assuming that the 30 days is from this noted date that appears before all the ordered points.

In addition, the order further states that all dispositive motions need to be filed on a specific date. This specific date noted on the order is a certain timeframe after the noted 30 days above. This date was written and is noted on the order.

Do I need to inform the court if either new counsel is representing me or if I decide to represent myself?

If I elect to go with new counsel, does he or she notify the court of their position in the case or do I need to notify the court of this?

If I elect to represent myself, do I need to notify the court that I am self-representing?

How is the court notified? E.g. by letter, or on a typical legal document that shows the Index Number with the noted Plaintiff and Defendant which follows the typical format that displays dashes in the top heading of the document?

How should or would this response be titled on the document?

What are dispositive motions?

Does the dispositive motions and the specified date for them refer to both the plaintiff and the defendant, or only to whom the order was issued to?

Does the party that the order was not issued to have more time to file motions past the specified date noted on the order?


Asked on 3/03/14, 8:32 am

3 Answers from Attorneys
Frank Natoli Natoli-Legal, LLC

You need to locate a civil litigator that can help you out here. If you are named personally in the suit, you may represent yourself. But if this is your business entity, the entity will have to hire a lawyer to represent it.

Have you had a proper case analysis? Do you have a real defense to whatever the cause of action involves?

Perhaps you should explore your options while you still have time. Maybe there is a way to settle the matter before you load up on legal fees for the litigation.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 3/03/14, 8:45 am
Kevin Connolly Kevin J. Connolly

If you obtain new counsel, that attorney will file a "Notice of Appearance" to notify the court and the other lawyer that he represents you. If you wish to represent yourself, you will need to make a motion for leave of court to appear "im pro per." Make that motion by order to show cause and apply for that immediately. Corporations usually have to appear by an attorney, but depending on the court you may be able to appear byt an officer or partner instead of attorney. Bur don't count on it.

Dispositive motions are those that will dispose of the case. Motions to dismiss or for summary judgment are the most common types. The order requires either side to make dispositive motions by that date, or else you have to wait until the case comes on for trial. You might be able to move in limine (just before the trial) or you might have to make Trial Motions.

You're almost certainly better off if you have counsel--especially if you have a good case.

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Answered on 3/03/14, 10:10 am
Nancy Delain Delain Law Office, PLLC

With all respect, I disagree with my colleague Mr. Connolly when he tells you that a corporation can represent itself using an officer of the corporation. It's simply not possible for a corporation to do that unless that officer is an attorney.

Any person has the right to represent him- or herself in court, and a corporation is a legal "person." However, since the corporation is not a human being, that corporate "person" must act through a human person; it cannot act by itself. The human person, in acting on that corporation's behalf in litigation, automatically represents "another person" in the lawsuit. Only a lawyer can represent another person, human or corporate, in a lawsuit; a non-lawyer representing a corporation is representing "another person," which is the very definition of the unauthorized practice of law ("UPL"), and judges do not allow UPL to happen in their courtrooms. If the corporation is named, the corporation needs to hire a lawyer.

This is true even if you are the sole officer, director and shareholder in the corporation. That corporation is still seen as a separate "person." The same is true for an LLC (just change "corporation" and "shareholder," respectively, to "LLC" and "member" in that prior sentence).

I agree with everything else both of my colleagues have said to you. My only advice to you is to hire your new lawyer SOON.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 3/04/14, 8:53 am


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