Free Newsletter
Civil Practice – Lay Representation – ‘Power of Attorney’ – Subject Matter Jurisdiction – Removal
North Carolina Lawyers Weekly Staff//June 15, 2012//
Civil Practice – Lay Representation – ‘Power of Attorney’ – Subject Matter Jurisdiction – Removal
North Carolina Lawyers Weekly Staff//June 15, 2012//
Bank of America Inc. v. Campbell (Lawyers Weekly No. 12-03-0624, 10 pp.) (L. Patrick Auld, USMJ) 1:12-cv-00269; M.D.N.C.
Holding: Even though Anthony Clay Campbell purports to be defendants’ attorney-in-fact, since he is not an attorney-at-law, he is not authorized to represent defendants in court.
All documents signed by Anthony Clay Campbell are stricken, including the notice of removal. This case is remanded to state court.
District courts in this circuit uniformly have precluded non-attorneys from litigating matters in the name of others based on claimed authority from some form of power of attorney.
It follows from the rule prohibiting lay representation that any pleadings filed through lay representation must be disregarded as a nullity. As a result, Anthony Clay Campbell’s attempt to invoke this court’s subject matter jurisdiction fails for lack of standing. This determination requires remand to state court.
Legal Tech
- Gemini Legal launches DraftEngine for civil litigation forms
- Lawyers continue to grapple with AI ethical issues
- Are AI prompts privileged? Time will tell
Top Legal News
- US appeals court revives hundreds of private lawsuits linking Tylenol to autism
- Pretrial stipulations binding in equitable distribution dispute
- Apple sues OpenAI, two former employees for trade secrets theft
- Downtown Asheville bar sued after patron’s wrong-way fatal I-40 crash
- Defective lien filing defeats contractor’s enforcement claim
- BIA used wrong standard to reverse CAT protection
- New York sues 3M, DuPont, others over toxic ‘forever chemicals’ in consumer goods
Commentary
- We tore out our own backup generator
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- Opinion: NC judges have enormous power. Be sure to vote in November
- The third option: Why your best employees are quietly losing their edge
- AI divorce is real, but family law can still save itself
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
