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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87577
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A debt, which came to be from a discussion that was never actually

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A debt, which came to be from a discussion that was never actually manifested into any sort of contract, has turned into a lawsuit against our corporation. Prosecution cannot produce a contract, but somehow is able to come up with a $26k balance that we owe them, which they have also reported on the CEO's personal credit file. This has harmed him financially, as he has been unable to refinance his mortgage. The corporation is unable to afford legal representation, and we have found out that we are forced to use legal representation. What recourse do we have?
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your non-profit's situation. You state: "What recourse do we have?"

This is a very open-ended question. As to what, specifically?

1) Finding counsel, or
2) Something else?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.

If there is a possible out we can utilize without seeking legal counsel, we would prefer to go that route. However, if we do need to seek counsel, we need someone who is willing to work on contingency or pro-bono.

Expert:  Ely replied 11 months ago.
K,

Thank you for your clarification.

If there is a possible out we can utilize without seeking legal counsel, we would prefer to go that route.

I am afraid not. Corporations are mandated to use counsel. This includes non-profits. This is because a corporation is seen as a "legal entity" in Court. As such, a non-attorney representing a corporation is practicing law without a license. It has to be counsel. I am sorry.

Contingency is generally taken on personal injury cases, and not defense.

As for pro bono or low cost, I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/california.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-california.asp

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 11 months ago.

Thanks for this information! Although, this is not anything we already didn't know and were hoping for a fresh perspective.


 


In terms of seeking out pro-bono help, what case type do we need to specify?

Expert:  Ely replied 11 months ago.
K,

Thanks for this information! Although, this is not anything we already didn't know and were hoping for a fresh perspective.

You are welcome. Unfortunately, when there are little options, there are few avenues I can provide...

In terms of seeking out pro-bono help, what case type do we need to specify?

Well, this would be labeled as a civil case. However, if any pro bono attorney agrees, this would be good.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87577
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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