A counsel withdraws representation from a Corp/Inc. can a Director of the Corp/Inc. represent it? 20 Answers as of July 05, 2013

If a counsel withdraws representation from a Corp/Inc. can a Director of the Corp/Inc represent it? If not what happens if the corp can not afford a lawyer until it sells its assets that could take awhile such as real property?

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Durham Jones & Pinegar | Erven Nelson
In Nevada, a corporation can be represented only by a licensed lawyer in court. No unlicensed individual, even an officer or director, can appear for a corporation in court. An officer can sign documents for the corporation.
Answer Applies to: Nevada
Replied: 7/5/2013
Microtechnology Law & Analysis | Daniel Flamm
Self-representation is always an option. As for the director, that depends on whether he/she has authority to speak for the corp. Generally, an officer such as a CEO or similar has that authority, but it depends on the Corp. articles & can delegate.
Answer Applies to: California
Replied: 6/28/2013
Devon & Associates
Devon & Associates | Marcia A. Devon
A corporation cannot represent itself and must appoint an attorney to represent the corporation. If the corporation cannot afford an attorney until assets are sold, perhaps you could request a continuance and/or delay the withdrawal of the prior counsel (who can only withdraw with permission from the Court) until the asset can be sold.
Answer Applies to: California
Replied: 6/26/2013
Furniss, Shearer and Leineweber | Glen Shearer
In a lawsuit, a corporation needs to be represented by an attorney.
Answer Applies to: Oregon
Replied: 6/25/2013
Gerald Walsh | Gerald Walsh
A Director of a corporation can represent the corporation if authorized to do so by the Board of Directors. A Director cannot perform legal services for the corporation, such as representing the corporation in litigation, unless he or she is a licensed attorney retained by the Corporation.
Answer Applies to: Alabama
Replied: 6/25/2013
    Mark S. Hubert PC
    Mark S. Hubert PC | Mark Hubert
    No - it is not allowed by law.
    Answer Applies to: Oregon
    Replied: 6/24/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    In most states a director cannot represent the corporation ( one can't in my state, SC). You must hope that the case will be put on hold until you can afford one, or find an attorney who will take the case with the understanding that he will get paid later when property is sold.
    Answer Applies to: South Carolina
    Replied: 6/24/2013
    Law Office of Kirk Buhler
    Law Office of Kirk Buhler | Kirk A Buhler
    The answer mostly depends upon what the letter of incorporation states. You can review the documents that were filed for the Corp/Inc. to determine who has authority or the power to make decisions for the company in the absence of counsel. It would probably be either the majority share holder of a majority of the share holders.
    Answer Applies to: California
    Replied: 6/24/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    In Nevada, the answer is not only no but that it is a misdemeanor for any person other than a licensed attorney to represent a corporate entity in Court. NRS 7.285. There is an exception for Small Claims Court.
    Answer Applies to: Nevada
    Replied: 6/24/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    A corporation must be represented in court by legal counsel. A director who is a lawyer can appear for a corporation but if he is not a lawyer he cannot appear. You risk a default judgement for the corporation if it is without legal counsel. The court might allow a small delay to get counsel.
    Answer Applies to: New York
    Replied: 6/24/2013
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    A corporation must be represented by counsel in court. The Court may give you more time to hire someone, but not endlessly.
    Answer Applies to: California
    Replied: 6/24/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    As long as the Director is authorized by the corporation to do so. Probably not a good idea, though, if you can afford a lawyer.
    Answer Applies to: Alabama
    Replied: 6/24/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | David E. Frank
    In Ca. a corporation MUST be represented by a Ca. lawyer. Without counsel, a person/entity suing the corp. could have a default judgment entered against it, though the court would likely grant the corp. some period of time, maybe 60-90 days, to secure counsel.
    Answer Applies to: California
    Replied: 6/24/2013
    Kram & Wooster, P.S. | Richard H. Wooster
    In Washington, only an attorney may represent a corporation.
    Answer Applies to: Washington
    Replied: 6/24/2013
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