Judge gives me pro se problem

[cdswade]

I'm in Texas. According to Rule 7 of the Texas Rules of Civil Procedure, Corporations must have an attorney representing themselves in Court.

Having said that, I've represented my own corporation in various courts from County to Federal, over the past 10 years. Seldom does the 'other side' raise an objection. However, when they do I have to provide the Court with any precident or cite that will allow me to stay in. I have a vague brief I prepared from articles I found. But I need to find someone who I could 'hire' to do actual legal research for cases where a very small corporation (1 shareholder/owner) represented themselves in Court. It has been done - I'm definately not breaking new ground by having done it myself, but I don't have the research resources to find the cites.

What I have found thus far is this; Courts can treat a sole shareholder corp the same as a sole proprietorship if it operates that way financially; Courts have descretion; Courts have stated that a corporation shouldn't be deprived of counsel because of it's corporate status.

The Judge in my current case wants me to continue and has said, "give me something I can hang my hat on. you have 30 days to revise this brief..."

Can someone suggest a means or manner on how I could find someone to assist me in researching for precident or cites?

Wade

 

[seniorjudge]

If you are an individual representing a corporation, then you must be a lawyer; otherwise, you are practicing law without a license.

What makes you think you can get around that law?

 

[Alias_joe]

That's pretty amazing.

I believe it- it is just amazing.

Corps. are legal fictions (pseudo-persons) like trusts and partnerships. I have been sued and sued within trusts and partnerships and haven't been 'bonked' yet. It will happen I am sure.

So, are you being sued for something you did as a corporation? Or was it something you did as an individual?

here's an angle- prejudice to other party - - -

If no prejudice you might squeak but it's still a hard call.

 

[cdswade]

not new ground

If you are an individual representing a corporation, then you must be a lawyer; otherwise, you are practicing law without a license.

What makes you think you can get around that law?

Because I wouldn't be the first. It's been done in serveral courts. The general rule of thumb is if the Corporation acts and conducts itself as a sole proprietorship (ie: sole shareholder), then it may be treated as such for the purposes of representation.

Further "seniorjudge", according to the Texas Supreme Court, not allowing the corporation pro se representation when it cannot afford an attorney would not be fair.

As I said, it's not NEW ground here. That wasn't actually my question what-so-ever. My question was (if you re-read my original post), how might I go about hiring someone to conduct legal research for me to pull the cites I'm searching for so I can expand upon the cites I ALREADY HAVE.

Thank you.

 

[Shay-Pari'e]

The Yellow Pages?

 

[meganproser]

cdswade:

1. Call some local lawyers and find out if any of them know of a paralegal who is freelancing.

2. Contact the nearest law school and see if they have any students who are for hire.

3. There are a number of services on line now that seek to provide support services for Pro Se. Check them out! Sorry, I don't know any specifics about them, just that they are "out there", lol.

 

[seniorjudge]

...The general rule of thumb is if the Corporation acts and conducts itself as a sole proprietorship (ie: sole shareholder), then it may be treated as such for the purposes of representation....

If you do this (act as if you are a sole proprietorship) then you may be also waiving some potential benefits of being a corporation.

Google texas pierce corporate veil for info on how you may possibly lose any protection your corporate status gives you.

 

[cdswade]

Judge Rules

If you do this (act as if you are a sole proprietorship) then you may be also waiving some potential benefits of being a corporation.

Google texas pierce corporate veil for info on how you may possibly lose any protection your corporate status gives you.

My hearing was this afternoon. The Judge listened to my arguments, reviewed my pre-prepared breif and ruled in my favor. The case will continue with me as Pro Se' Counsel for my Corporation. Just an FYI

 

[seniorjudge]

My hearing was this afternoon. The Judge listened to my arguments, reviewed my pre-prepared breif and ruled in my favor. The case will continue with me as Pro Se' Counsel for my Corporation. Just an FYI

Okay.

Did you find out what "piercing the corporate veil" means?

 

[TWrightTX]

Corporation Pro Se Represenation

Wade,

I too have been representing my single member LLC pro se in various Texas courts. An objection has only been raised by the other side twice. The first time the district court judge ordered that I retain counsel within 30 days - that case was ultimately settled. Currently, a Justice of the Peace has given me until April 11, 2005 to either settle or respond to the other side's "Motion To Strike Pleadings". Any information you have regarding a corporation representing itself pro se would be greatly appreciated.

Thanks in advance,

TWrightTX

 

[seniorjudge]

Wade,

I too have been representing my single member LLC pro se in various Texas courts. An objection has only been raised by the other side twice. The first time the district court judge ordered that I retain counsel within 30 days - that case was ultimately settled. Currently, a Justice of the Peace has given me until April 11, 2005 to either settle or respond to the other side's "Motion To Strike Pleadings". Any information you have regarding a corporation representing itself pro se would be greatly appreciated.

Thanks in advance,

TWrightTX

http://www.gibson-gruenert.com/article02.htm

You have an LLC or a coporation for various benefits.

When you represent it pro se, basically what you are saying to the court is that it is not really an LLC or a corporation but a shell trying to hide an individual.

Don't win the battle and lose the war.

Representing yourself pro se will give someone who wants to pierce the corporate veil more ammo.

But, that's just my opinion....

 

[cdswade]

Corporate viel

I'm sure ANYONE who has been in the situation of having to represent themselves as a corporate entity will tell you this - IF we had enough assets to worry about personally or in the corporation we wouldn't have to do this PRO SE'.

 

[pmikem]

pro se references

Would you please provide the cites and other info/precedents you used to convince the judge to let you represent yourself?

Because I wouldn't be the first. It's been done in serveral courts. The general rule of thumb is if the Corporation acts and conducts itself as a sole proprietorship (ie: sole shareholder), then it may be treated as such for the purposes of representation.

Further "seniorjudge", according to the Texas Supreme Court, not allowing the corporation pro se representation when it cannot afford an attorney would not be fair.

As I said, it's not NEW ground here. That wasn't actually my question what-so-ever. My question was (if you re-read my original post), how might I go about hiring someone to conduct legal research for me to pull the cites I'm searching for so I can expand upon the cites I ALREADY HAVE.

Thank you.

 

[divona2000]

Would you please provide the cites and other info/precedents you used to convince the judge to let you represent yourself?

pmikem, this post is over 4 years old, the OP is long gone.