Does a limited partnership in Minnesota require attorney representation in court? Can one, both or all parties litigate pro se?

Asked about 1 year ago - Minneapolis, MN

This is a limited partnership law firm; those desiring pro se representation are registered attorneys.

Attorney answers (4)

  1. Michael Hutchens Frasier

    Pro

    Contributor Level 8

    Answered . Minnesota Statutes section 481.02 regulates the practice of law. While on its face it only seems to prohibit corporations from representing themselves, I believe it has been applied to other entities, including LLPs and LLCs. Reading that section in light of section 491A.02 (regarding conciliation court appeals) further indicates that the entity probably needs a Minnesota licensed attorney to appear in court.

  2. Frank Anthony Natoli

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . My MN colleague referenced the relevant statute. I would add that in my experience a lot frankly depends on the judge. You will be surprised how much flexibility the courts have regards to such issues.

    If hiring a lawyer is not an option (as this is preferable), you should force them to make a motion and let the court rule. This will likely not disadvantage you in any way as you would be in no worse a spot and the court would give you ample time to locate counsel assuming you have not already exhausted the court's patience.

    You should consult with several local litigators to get some advice here as well.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more
  3. Eric J Camm

    Contributor Level 12

    1

    Lawyer agrees

    Answered . If the members of the LP are licensed attorneys and want to represent the LP - aside from some conflict of interest issues that may arise - I'm not sure that the LP would be "Pro Se." It would have licensed counsel representing it.

    Legal disclaimer: I am licensed to practice law in the state of Washington and the answer provided above is for... more
  4. John P Corrigan

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You are a law firm asking for free advice on Avvo?

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a... more

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