Quote:
Originally Posted by corporatejay
If the contractor has incorporated correctly then there shouldn't be a problem. that's the main reason that most people incorporate themselves in the first place to limit personal liability so that if there are any issues you can only sue the corporation and their assets and not go after someone's personal assets.
I'm only a lawstudent so take that for what it is worth.
To the actual lawyer in this thread: the rumour mill around the law community is that small claims court judges actually dislike lawyers mucking up the process with all their legalese because small claims is supposed to be available to joe sixpack. Having never been to small claims I have no personal experience, are you saying that judges in small claims prefer lawyers?
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My primary practice area is in securities/M&A with some tax work. I haven't set foot in a small claims court since articling and that was for my uncle. A good friend of mine from law school, his father acted as a QB judge for years and did some time on the small claims circuit. His favorite saying is that the only people he dislikes more than lawyers are people pretending to be lawyers. I can't really comment on the rest of the legal community but that's the impression I got from him. From my own courtroom experience and a year spent clerking, I will say this: Judges don't prefer lawyers per se, they just prefer whatever makes their job easier and simpler. If a well-prepared, organized non-lawyer presented their case ably, I don't imagine they would have any problem with it. What they would not tolerate, would be an overly informal, disorganized, rambling presentation. Unfortunately, people acting in their own interest and on their own behalf generally fall into the later category.