Please help me find a way to represent my LLC as a Pro Se.

Business 14 views 3 answers
I have no money with which to hire a lawyer and after years of searching believe I can say correctly that there are no Pro Bono lawyers/law clinics/etc that will represent in Business law cases. However it seems impossible that I could truly be legally prohibited from righting wrongs that have been done to me and my company. There must be a way.

Attorney Answers

3
Pamela KoslynBusiness AttorneyLos Angeles, CA ·
The general rule for corporate representation is that corporations are “artificial entities” and therefore may only appear in court through an attorney. CLPR 321 states in relevant part “[a] party, other than one specified in section 1201 of this chapter, may prosecute or defend a civil action in person or by attorney, except that a corporation or voluntary association shall appear by attorney.” You could argue that the IRS allows a single-member LLC to be disregarded for tax purposes (and treated as a sole proprietorship). It would seem to make sense that single member LLCs should be excepted from the general rule such that the sole member is allowed to represent the LLC in court. However, that argument was expressly rejected by the federal Court of Appeals in Lattanzio v. COMTA, 481 F.3d 137 (2nd Cir. 2007); see also Collier v. Cobalt LLC, 2002 WL 726640 (E.D. La. 2002) and U.S. v. Hagerman, ---F.3d---, 2008 WL 4366182 (C.A. 7, Sept. 26, 2008). You could also argue, as I learned here on Avo last week, that AZ LLCs are allowed to be represented by members pro se under certain conditions. http://www.attorneyqna.com/legal-answers/can-i-represent-my-llc-in-arizona-justice-court--462392.html?ref=result_2_title The applicable NY law doesn't suport your position, so your best course of action is to find a lawyer for your LLC. Good luck.
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Eric Rothstein ·
Corporations must be represented by an attorney in New York.
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Mona R ConwayBusiness AttorneyHuntington Station, NY ·
Hi. You do need an attorney to represent a corporation (or LLC) in the Supreme Courts of NY. If this is a small claims matter, however, you may not need an attorney. Call a trusted business attorney to see if you can work something out with them.
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