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Seriously, do I have to rewrite or write American law?

New York, NY |

Based on what I've asked and answers you've given I cannot get justice without changing the law -- and heaven help the statute of limitations by the time I do that! Please try to understand, those who suggest that I talk to a lawyer, I haven't got a cent. I lost everything (business/job, home, furniture, car, etc) when my company was robbed by an employee & a banker. What I hadn't lost was spent on a lousy lawyer who quit when I went broke. Then a technicality tossed the case out in Federal court. I need to make this right but cannot even begin to file word one because my business was an LLC. I am being denied the right to pursue justice because to can't pay a lawyer and that violates everything. I can't be the first penniless victim of crimes against an LLC can I?

Attorney Answers 1


Corporations and limited liability companies must appear through an attorney. It would probably be reasonable to permit single-member limited liability companies to have the sole principal represent the entity. But you take the law as you find it.

Now, it may be that you can find a lawyer who will work on a contingency basis. I don't know anything about the facts of your case; only that the U.S. District Court dismissed it. I do not know when it was dismissed, or on what basis, so I cannot say whether you have grounds to bring a new lawsuit. So it is impossible to evaluate whether you are likely to be able to hire a lawyer by means of a contingency arrangement.

Good luck to you.

Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.

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The case was dismissed on the "two strike" rule -- I dismissed it on the advice of the Pro Se office because since the economic collapse good luck trying to find a Pro Bono lawyer to go up against one of the biggest banks still standing. The judge had given me 60 days to find a lawyer & I couldn't so I dismissed w/o prejudice. The judge signed off even though more than a year before my lawyer had done the same in an attempt to move from Federal to State court. But the case stayed Federal -- and with the same judge -- he knew -- I didn't -- how would I? But the bank was on it in a NY minute.

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