![]() A corporation can be represented only by a lawyer before a tribunal, with respect to matters involving legal conclusions, examination of witnesses or preparation of briefs or pleadings.” Rule 1-101 is elaborated by Unauthorized Practice Consideration 1-3, which states: “A corporation (other than a duly registered law corporation) does not have the same right of appearance before a tribunal as an individual and may not be represented before a tribunal by its officers, employees or agents who are not duly authorized or licensed to practice law in Virginia. ![]() Rule 1-101, Practice Before Tribunals, states: “A non-lawyer, with or without compensation, shall not represent the interest of another before a tribunal, otherwise than in the presentation of facts, figures or factual conclusions, as distinguished from legal conclusions…” ![]() Specifically, Unauthorized Practice Rule 1-101 of the Virginia State Bar Professional Guidelines. In other words, while a non-natural entity is not required to retain counsel for all aspects of the legal proceeding in General District Court,* only an attorney is permitted to conduct the subsequent litigation that will certainly follow the filing or claim.įor example, an LLC owner could file a warrant in debt (civil claim for money) against a party that owes the LLC money, but the next step is often filing a bill of particulars (reasons why the opposing party owes money), which the LLC owner is not permitted to file.Īdditionally, there is an ethical consideration prohibiting the Court from allowing a nonlawyer to litigate a case in court on behalf of an LLC, corporation, or partnership, which parallels § 16.1-88.03. “Nothing in this section shall allow a nonlawyer to file a bill of particulars or grounds of defense or to argue motions, issue a subpoena, rule to show cause, or capias file or interrogate at debtor interrogatories or to file, issue or argue any other paper, pleading or proceeding not set forth in subsection A.” § 16.1-88.03(A) makes it clear that a non-natural entity, like an LLC, corporation, or partnership, may (1) file a claim (2) request judgment, or (3) present facts in General District Court without an attorney, but section § 16.1-88.03(B) makes it clear that an attorney is required to litigate the claim. Certainly, like an attorney, you could become licensed and represent your company, corporation, or partnership, but your status as an owner does not give you the authority to practice law and represent your entity in a legal proceeding unless the amount in dispute is $2,500 or less and the entity’s stock is held by 5 or fewer shareholders (see Vir. Although, you own the company or corporation, your ownership status does not permit you to represent the entity in court. Whether your entity is filing a claim or defending a claim, your entity is required to retain counsel.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |