Re: poor lawyer

Posted by poor lawyer (24.88.34.92) on August 15, 2002 at 01:25:40:

In Reply to: poor lawyer posted by scott on August 14, 2002 at 12:07:07:

If the president was acting in his capacity as president, then you should sue the corporation and not the president.

If he was acting outside his position as president, then sue him individually.

If his conduct was particularly malicious or grossly negligent, then sue him and the corporation.

Judges do not look favorably on litigants suing corporate officers unless the corporate officer was acting as an individual or his behavious was highly atrocious.

Also remember that corporations generally have much more cash and insurance to pay off judgments than does an individual.

Of course, whether the president is a named party to the case or not doesn't mean you can't make him show up in court. If your allegations include allegations concering the presidents conduct, you can subpoena him and call him as a witness at trial.

poor lawyer, esq.

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