[CLBS] Lawyers in Small Claims

[Jace Richards]

Tyler,

I.C. 1-2307(2) says "In any case in which a business organization is a party including, without limitation, a corporation..., no person shall represent the organization except an owner of a substantial interest in the organization or any nonattorney employee of the organization."  I thought an attorney-officer could appear (as in your situation), but this section seems to say the only time an attorney can appear is if s/he is a substantial owner.  I'd be interested to know if you find something to the contrary.

Hope this helps.



Jace A. Richards, Esq. | Principal
THE RICHARDS FIRM
701 S. Allen St. | Ste. 101 | Meridian, ID 83642
jrichards at strategicsos.com | www.strategicsos.com
Ph: 208-562-4100 | Fax: 208-562-4110

Licensed in Idaho | North Dakota | District of Columbia

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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tyler S. Wirick
Sent: Monday, December 07, 2015 12:50 PM
To: BK listserve
Subject: [CLBS] Lawyers in Small Claims

All,

An odd question for you. I’m helping a buddy in a small claims case in which a company filed a small claims suit against my buddy. The Chief Legal Officer, an attorney, shows up in court and says he’s appearing as an officer of the company, is appearing in that capacity, and not as an attorney. This seems to appear at odds with IRCP 81(d), but the problem I see is: what if the attorney is the owner of a business that is not a law office or firm? Would Rule 81(d) then not apply? Anyone had this situation? 

Best regards,

Tyler S. Wirick
Law Offices of Tyler S. Wirick
250 Northwest Blvd. Suite 107A
Coeur d'Alene, Idaho 83814
Telephone: (208) 292-4200
Fax: (208) 292-4201
tyler.wirick at wiricklaw.com <mailto:tyler.wirick at wiricklaw.com>


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