QUESTION
Can a corporation represent itself in civil court
Asked on Jun 18th, 2012 on Business Law - Rhode Island
More details to this question:
I guess I didn''t provide adequate information. I AM an attorney, but I am brand new at this. I am representing another attorney in a collection''s case. It''s against a corporation. The corporation answered our filing, but represented themselves pro se. This is not legal in RI. My client wants me to file an objection, citing the pro se rule. Problem is I don''t know where to find it! I am also wondering if I can default the client since there was no legally admissible answer in the appropriate amount of time.
2 ANSWERS
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Yes, default is the way to go (not Summary Judgment as you previously mentioned.) You don't file an "objection" you file a motion to strike the answer on the legal grounds you stated. Find an older attorney to mentor you in Rhode Island who can refer you to the form book most commonly used in your state. In California, it is California Forms of Pleading and Practice.
Answered on Jun 21st, 2012 at 1:19 PM
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The principle is correct. Osborne v. Bank of the United States: “A corporation . . . can appear only by attorney.” 22 U.S. 738, 830 (1824). The precedent applying this rule is voluminous. See, e.g., Schreibman v. Walter E. Heller & Co. (In re Las Colinas Dev. Corp.), 585 F.2d 7 (1st Cir. 1978)(cert. denied); Shapiro, Bernstein & Co. v. Cont’l Record Co., 386 F.2d 426 (2d. Cir. 1967); Flora Constr. Co. v. Fireman’s Fund Ins. Co., 307 F.2d 413, 414 (10th Cir. 1962); Commercial & R.R. Bank of Vicksburg v. Slocomb, Richard & Co., 39 U.S. 60 (1840).
However, you should consider that the court is likely not to dismiss immediately on this ground. Rather, since the other side intends to defend and apparently has good-faith defenses, it is likely that the court will grant the defendant an opportunity to replead with counsel -- don't you think?
Answered on Jun 19th, 2012 at 6:39 AM