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Can I represent my LLC in Arizona Justice court?

Phoenix, AZ |

Can I represent my LLC in Arizona Justice court?

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Attorney answers 3

Best Answer
Posted

I am not so sure the prior answer is correct. The practice of law in Arizona is regulated by the Arizona Supreme Court. If you read Arizona Supreme Court Rule 31(b) is states:

(b) Authority to Practice. Except as hereinafter provided in section (d), no person shall practice law in this state or represent in any way that he or she may practice law in this state unless the person is an active member of the state bar.

The key here is to check whether there is an exemption in Section D for your situation. Rule 31(d)(3) provides:

3. An officer of a corporation or a managing member of a limited liability company who is not an active member of the state bar may represent such entity before a justice court or police court provided that: the entity has specifically authorized such officer or managing member to represent it before such courts; such representation is not the officer's or managing member's primary duty to the entity, but secondary or incidental to other duties relating to the management or operation of the entity; and the entity was an original party to or a first assignee of a conditional sales contract, conveyance, transaction or occurrence that gave rise to the cause of action in such court, and the assignment was not made for a collection purpose.

Depending on your particular situation, you may be able to meet the exemption. Take a look at the rules and, if you are unsure, ask the Court. Justice Courts are usually very good at helping answer these types of procedural questions.

This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

Posted

No, not if you're not a lawyer.

PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls --- we need an actual agreement confirmed in writing before any attorney-client relationship is formed. Please don't expect me to respond to your follow-up queries. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Asker

Posted

Ms Koslyn should stick to her knowledge of CA law as the question was specifically about AZ law which she knows nothing about. Thus gave an incorrect/incomplete answer.

Pamela Koslyn

Pamela Koslyn

Posted

You're right, my bad.

Asker

Posted

No one is infallible, except for attorneys. Hats off to attorney Koslyn!

Posted

I agree with Mr. Jabbar's answer. Please note that in the exception to the rule he cited it uses AND and not OR. This means that your situation must meet ALL of the conditions listed in the exception, not just a few of them.

The information provided above does not constitute legal advice and should not be relied on for anything other than informational purposes. This communication does not create a lawyer-client relationship.

Asker

Posted

Attorney Seegmiller, an AZ licensed attorney also gave an incorrect/incomplete answer and then changed his mind after either receiving my AZSC rules cite or reading attorney Jabbar's answer.

Morgan Jay Seegmiller

Morgan Jay Seegmiller

Posted

Was this question asked previously? To my knowledge, this is the only time I have answered this question. I do not recall receiving a rules citation from you. To the extent I provided an incomplete answer previously, I apologize. Please keep in mind that in this Question/Answer forum attorneys are attempting to help people with small matters where the people may not want to pay an attorney for comprehensive advice. The answers on this forum are opinions only and are not binding legal advice. Free information is often times worth what you pay for it. Good luck in resolving your case.

Morgan Jay Seegmiller

Morgan Jay Seegmiller

Posted

I believe that if you review my answer history, you will find that I often provide legal citations for people to review the matter on their own. When I am unsure of an issue I usually state that I do not know the answer for sure and simply provide a means for the people to obtain their answer.

Asker

Posted

I posted it here as attorney Koslyn responded and I sent you a personal email via the state bar website. Insofar as your comment "...not wanting tp pay a lawyer..." is concerned nothing could be further from the truth. However, [you know] the fact is it is not cost effective to do so for minor matters. Justice courts were set up primarily for such small matters and for pro se's in particular. It is an entirely different story for involved matters and/or where big bucks are at stake. This said, while we all appreciate the information you and your industry colleagues provide pro bono on these forums. The goal is for you to have one to engage your services. One way of you obtaining such client is to go over and above in providing a thorough response and [generally] if necessary follow-up like attorney Jabbar did. In fact I contacted him because of it.

Morgan Jay Seegmiller

Morgan Jay Seegmiller

Posted

I do not recall receiving an email on this matter and I am fairly certain I never replied to an email on this matter. When I receive emails on legal matters, my practice is to make a free of charge phone call to the person. I do not like giving advice over email because there are usually additional questions I feel need answering. So I would be surprised if I gave you an inadequate answer to your issue. I typically do not represent clients in the Justice Courts, so I am not looking for you business, rather, on this issue I am just offering some help. Once I saw the previous attorney's answer, there was not much to add except for what I added about satisfying all the elements of the rule. I figured it would be helpful to you to have a second Arizona Attorney's opinion confirming his conclusion. Again, If I previously gave you an inadequate answer to this issue, I am sorry for forgetting that I did so. Good luck.