In Cohen v. Attorney General, Case No. 11-11500-NMG, 2011 U.S. Dist. LEXIS 120336 (D. Mass. Oct. 18, 2011), the federal district court dismissed an action brought by Jillian Cohen, purporting to act in her capacity as "Full Statutory Administratrix" of the estate of the decedent, effectively seeking federal court review of two state court dismissals of her previous suit for alleged negligence, products liability and wrongful death.
In dismissing the case on a motion brought by the attorney general on other grounds, the court offered the following commentary on the plaintiff's inability to pursue the action pro se on behalf of the estate:
"Notwithstanding that Cohen may have authority to act based on her appointment as Administratrix, that is not sufficient to permit her to represent the interest of the Estate, where she is not a duly-licensed attorney admitted to practice in this Court. Although 28 U.S.C. § 1654 permits persons to proceed pro se, this provision does not allow unlicenced [sic] lay people to represent other pro se litigants. See Feliciano v. DuBois, 846 F. Supp. 1033, 1039 (D. Mass. 1994); Eagle Assocs. v. Bank of Montreal, 926 F.2d 1305, 1308 (2d Cir. 1991). Additionally, this Court's Local Rules do not provide such authorization. See District of Massachusetts Local Rule 83.5.3(c), providing that "[a] person who is not a member of the bar of this court, and to whom sections (a) and (b) are not applicable, will be allowed to appear and practice before the court only in his own behalf." Id. See also Pridgen v. Andresen, 113 F.3d 391, 393 (2d Cir. 1997) (holding that "an administratrix or executrix of an estate may not proceed pro se when the estate has beneficiaries or creditors other than the litigant."). Here, it appears that there are several beneficiaries and/or creditors, and thus claims inuring to the Estate...may only be prosecuted in this Court by duly-licensed counsel."
On February 11, the Hispanic Bar Association of New Jersey and Prudential will present the 11th Annual Corporate Counsel Conference.
On January 13, Darian Butcher will moderate and Alisa Hacker will speak at the Boston Bar Association webinar, "Breach of Fiduciary Duty Litigation: Superior Court Versus Probate & Family Court."
Margaret Meehan, Tiana Gianopulos and Alexis Gettier collaborated on an article, "New Direction: The Connecticut Uniform Directed Trust Act" for the Quinnipiac Probate Law Journal.
Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.
Day Pitney Press Release
Day Pitney Press Release
Adam Myron, senior counsel resident in Day Pitney's West Palm Beach office, is running for judge in south Florida.
Darian Butcher and Alisa Hacker were appointed to the Boston Bar Association Virtual Hearing Resource Guides Probate Team.
Day Pitney's Michael Napoleone has been appointed to the Palm Beach County League of Cities board of directors.