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Ask CalAttorney2 Your Own Question
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10244
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I filed a suit as pro se. The suit was dismissed on Summary

Customer Question

I filed a suit as pro se. The suit was dismissed on Summary motion. I appealed. My appeal is currently being processed. The suit is a legal malpractice suit. In the underlying case where I was represented by the attorney that is being sued there was two
plaintiffs. My self and a corporation. In the proceedings that led up to the summary judgment dismissing my claim defendant (The attorney that erred) testified also having represented the corporation. Initially the attorney had the corporation removed from
the retainer and left only my self personally on the retainer because it was known that I would be paying the bills and not the corporation. During the trial (where the attorney erred) the corporations claims was not being represented and in fact the attorney
told the jury that the corporation did not make a claim. Which was not as agreed with the attorney. Because the attorney testified having represented the corporation the corporation the corporation realized a claim against the attorney also. I bought that
claim from the corporation and filed the corporations claim after having filed my appeal. Is the corporations claim precluded because I have filed it? Please explain about preclusion and refer to references if any. Thank you.
Submitted: 2 years ago.
Category: Business Law
Expert:  CalAttorney2 replied 2 years ago.
A corporation is not entitled to file a claim "pro per" (without an attorney), so the claim you brought on behalf of the corporation would be denied "ab initio" (as soon as you filed it).See: