4 ms·

As much text as might exist around the subject, it looks like the "blanket prohibitions" aren't working and everyone knows it. There's a small loophole in the r

As much text as might exist around the subject, it looks like the "blanket prohibitions" aren't working and everyone knows it. There's a small loophole in the rule you describe--what happens if a non-attorney learns of an attorney's misconduct? Nothing, that's what! It's not ridiculous for me to want to represent my company without having taken the bar exam--you're using a legal fiction to argue that even though I pay my company's taxes, I should not be allowed to represent its interests in court if I so choose. But even if I didn't pay my company's taxes, I would still want that option because the fictitious entity you describe is a creation of my capital and my labor and in every other respect its Board of Directors has the ability to guide its direction.

law 15y ago
I don't understand your first point. Nothing precludes a non-lawyer from reporting an attorney's misconduct. However, the fact that they cannot be compelled to by statute irrefutably proves my point: that the practice of law must be (self-)regulated. Regarding your second, the fact that you pay your company's taxes is irrelevant. "You" can be substituted by any other shareholder or partner; the shareholders/partners are not the corporation. The corporation is its own, independent legal entity. Because it's fictitious, it cannot make decisions, which means (as a matter of law) it's incompetent to stand trial. Some jurisdictions may have rules deviating from this to allow corporate pro se representation by 100% shareholders in small claims matters, but they would be the exception.
- Daniel_Newby 15y ago
  > Nothing precludes a non-lawyer from reporting an attorney's misconduct. However, the fact that they cannot be compelled to by statute irrefutably proves my point: that the practice of law must be (self-)regulated. Failure to report a crime is a crime. For everybody.
  - nl 15y ago
    Failure to report a crime is a crime. For everybody. That's not true. In the US the offence still exists, but: This offense, however, requires active concealment of a known felony rather than merely failing to report it.[1] In most other English speaking jurisdictions the crime itself has been abolished. [1] http://en.wikipedia.org/wiki/Misprision_of_felony http://en.wikipedia.org/wiki/Misprision_of_felony
  - nknight 15y ago
    Irrelevant. Violation of a legal obligation is not the same thing as commission of a crime. An act may simultaneously be a violation of legal ethics and a crime, but usually not. Ethics violations are punishable by, amongst other things, civil sanctions, fines and disbarment, but not criminal penalties.
- dchest 15y ago
  The corporation is its own, independent legal entity. Because it's fictitious, it cannot make decisions, which means (as a matter of law) it's incompetent to stand trial. I don't follow the logic here. If it's fictitious and incompetent to stand trial, then why it can be brought to trial at all?

law 15y ago

I don't understand your first point. Nothing precludes a non-lawyer from reporting an attorney's misconduct. However, the fact that they cannot be compelled to by statute irrefutably proves my point: that the practice of law must be (self-)regulated. Regarding your second, the fact that you pay your company's taxes is irrelevant. "You" can be substituted by any other shareholder or partner; the shareholders/partners are not the corporation. The corporation is its own, independent legal entity. Because it's fictitious, it cannot make decisions, which means (as a matter of law) it's incompetent to stand trial. Some jurisdictions may have rules deviating from this to allow corporate pro se representation by 100% shareholders in small claims matters, but they would be the exception.

Daniel_Newby 15y ago
> Nothing precludes a non-lawyer from reporting an attorney's misconduct. However, the fact that they cannot be compelled to by statute irrefutably proves my point: that the practice of law must be (self-)regulated. Failure to report a crime is a crime. For everybody.
- nl 15y ago
  Failure to report a crime is a crime. For everybody. That's not true. In the US the offence still exists, but: This offense, however, requires active concealment of a known felony rather than merely failing to report it.[1] In most other English speaking jurisdictions the crime itself has been abolished. [1] http://en.wikipedia.org/wiki/Misprision_of_felony http://en.wikipedia.org/wiki/Misprision_of_felony
- nknight 15y ago
  Irrelevant. Violation of a legal obligation is not the same thing as commission of a crime. An act may simultaneously be a violation of legal ethics and a crime, but usually not. Ethics violations are punishable by, amongst other things, civil sanctions, fines and disbarment, but not criminal penalties.
dchest 15y ago
The corporation is its own, independent legal entity. Because it's fictitious, it cannot make decisions, which means (as a matter of law) it's incompetent to stand trial. I don't follow the logic here. If it's fictitious and incompetent to stand trial, then why it can be brought to trial at all?