QUESTION
A lawyer stated to my husband that he HAS TO get a lawyer because his client is suing my husbands business … is this true?
Asked on Mar 10th, 2023 on Libel, Slander and Defamation - Florida
More details to this question:
My husband is being falsely accused by a client and she is taking him to court for breaking her $9000 mirror. He wants to simply represent himself and show the proof of his innocence (photos of it in tact when he left the job site). Her lawyer is stating that he Must Get a lawyer because they’re suing his business title (it was only him working at her home.) He just wants to represent himself. Does he HAVE TO get a lawyer as the opposing lawyer stated?
1 ANSWER
Most lawyers are aware that a corporation must be represented by counsel in legal proceedings. See, e.g., Szteinbaum v. Kaes Iversiones y Valores, C.A., 476 So. 2d 237 (Fla. 3rd DCA 1985). However, Florida Small Claims Rule 7.050(a)(2) (2007), provides that a corporation “may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation.”So in your fact pattern, you did not specify whether the case is in a small claims court. If it is in a small claims court, then it appears that your husband does not need an attorney. If it is in a higher court, then yes your husband needs counsel.
Answered on Mar 12th, 2023 at 4:32 AM