Monday, March 23, 2015

After years of dissent between the board and the rest of us members, our WA non-profit corporation voted almost unanimously to dissolve, and...

Question

After years of dissent between the board and the rest of us members, our WA non-profit corporation voted almost unanimously to dissolve, and to transfer all property to our sister organization (as directed in our articles of incorporation), although the board would continue operating our preschool subsidiary as a tenant of the sister org. One year later, we discovered that the board had decided not to dissolve or transfer the property, and instead had just sold a major part of the property in the name of the corporation, to fund their operations. About half of the members sued the board to enforce the dissolution (at first with the corporation listed as a defendant, then amended to be a plaintiff), but our lawyer has since withdrawn. I just wrote and filed a pro se motion for summary judgement, signed by all the individual plaintiffs (some of which will attend the hearing), and the opposing attorney has accused me of unauthorized practice of law. Can members of a non-profit corporation act pro se as plaintiffs against the board, with one serving as author, with the corporation also listed as a plaintiff?



Answer

You are acting as the attorney, representing an entity which is not solely owned by you. You are practicing law and that is a crime.Your motion would only be 'pro se' if you were representing only your own interests, You are representing the interests of all those who share your position, as well as your own.

Get a lawyer to sign and re-note the motion and have him/her argue it.



No comments:

Post a Comment