I'd disagree

[ Follow Ups ] [ Post Followup ] [ CREOnline Legal Forum ]

Posted by John Merchant on November 12, 2009 at 18:03:06:

In Reply to: Small Claims posted by M/C on November 10, 2009 at 09:40:32:

Here in WA state, absolutely an LLC can be represented by its one-person owner/Manager and I'd guess this is more the rule than the exception in other states.

But a quick check on Google "LLC Pro Se NY" and "NYC" should get you an answer and the statutes and city ordinances involved.

LLC is quite different from a C Corp and the C Corp cannot, as far as I know, be self represented anywhere.

I've read a number of relevant court citations and observed that,in general, courts feel that a one person LLC is not to be held to same standards as a Corp, in such as required formal written resolutions, minutes, rights, etc.

An LLC is seen legally to be more akin to a legal alter-ego that does give liab. protection to its owner yet is user friendly w/o all the backup folderol of the Corp.

An atty-free way around this for the corp is to have the corp enter into a written assignment of the C of A (cause of action) to some individual and tbat individual then files his own suit as the owner of the C of A.

But anybody who's done much pro se self representation knows all too well that this practice is frequently resented and scorned throughout the court house and the pro se litigant is often met with discourtesy and rudeness from clerical staff there.

In general lawyers and judges are careful not to scorn, scoff at or short-change the pro se litigant as they've seen, just as I have, some pretty darned effective pro se cases. And they know that the pro se litigant has every legal right to do what he's doing.

I once watched George Lincoln Rockwell, founder and head of the American Nazi Party, represent himself in US District Court in a defamation action against a TV station.

As hated as he was for who he was and what he represented, he came awful close to beating the very good trial lawyer representing that TV station.

In that case the Fed Judge, who wasn't known as any kind of charmer, and the lawyer representing the
TV co defendant leaned over backwards to afford GLR every courtesy and to observe his constitutional and legal rights.

They were well aware that their actions were likely to be scrutinized in detail by the appellate courts and other lawyers, judges and observers.

I'm remembering the time I was pro se in a CAN court, working on collecting a final Judgment which was taken in some US State court and my experience was most favorable and I encountered every courtesy from the CAN lawyers and court personnel involved.

Follow Ups:


Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:

[ Follow Ups ] [ Post Followup ] [ CREOnline Legal Forum ]

CRE Online, Inc. © 2007, All Rights Reserved.
creonline.com