Opinion
No. CV 00 0501240 S
February 5, 2004
MEMORANDUM OF DECISION ON MOTION FOR ORDER OF COMPLIANCE
At the commencement of the jury trial in the above-referenced case, the court was provided with the defendants' "Motion for Order of Compliance with This Court's Previous Decision Disqualifying Attorney Kosinski." The file contains a decision dated June 10, 2003, granting the defendants' Motion to Disqualify Counsel. The specific relief requested and granted was ". . . an order removing Richard Kosinski as plaintiffs' advocate in this jury trial."
Attorney Kosinski is the executor of the Estate of Janina Stawrowski. He has filed a pro se appearance and seeks to serve as pro se advocate for the Estate of Janina Stawrowski. Attorney Kosinski maintains that such proceeding was authorized by Judge Cohn at the June 10, 2003 hearing.
The undersigned has listened to the tape of the June 10, 2003 proceeding. The colloquy between the court and counsel discussed the distinction between the representation of the two estates (the estate of Janina Stawrowski's deceased husband, Kasimir Stawrowski is also a party plaintiff), and the continuation of Attorney Kosinski as a pro se party as executor of the Estate of Janina Stawrowski. The transcript does not reflect that the court authorized Attorney Kosinski to proceed as advocate for the Janina Stawrowski estate, which is precluded by the written order dated June 10, 2003.
Attorney Kosinski has been disqualified as attorney advocate for "plaintiffs."
The authority to proceed pro se in a court of law is limited to representing one's own cause and does not permit individuals to appear pro se in a representative capacity. Expressway Associates II v. Friendly Ice Cream Corporation of Connecticut, CT Page 3729 34 Conn. App. 543, cert. denied, 230 Conn. 915 (1994). An officer of a corporation may not appear pro se on behalf of a corporation. See Triton Associates v. Six New Corporations, 14 Conn. App. 172, 175-76, cert. denied, 208 Conn. 806 (1988). A non-attorney general partner may not appear on behalf of a partnership. See Expressway Associates II v. Friendly Ice Cream Corporation of Connecticut, supra, at 34 Conn. App. 551. The Appellate Court decision in Expressway Associates II relies on the United States Supreme Court authority in Rowland v. California Men's Colony, 506 U.S. 194, 113 S.Ct. 716, 121 L.Ed.2d 656 (1993), that lay individuals may not appear in civil actions on behalf of fictional entities such as corporations and partnerships.
Specifically with respect to an estate, there is federal and state authority precluding such representation. Penlin Olvera, Administrator v. Edmundson, 2001 U.S. Distr. Lexis 15284 (Dist. N. Carolina 2001); Sedich, Administrator v. Waynik, Superior Court, Judicial District of Fairfield at Bridgeport, Docket No. 339019 (June 15, 1998. Skolnik, J.) ( 22 Conn. L. Rptr. 279); Sedich, Administrator v. Waynik, Superior Court, Judicial District of Fairfield at Bridgeport, Docket No. 348505 (April 13, 1998, Mottolese, J.); Sedich v. Waynik, 22 Conn. L. Rptr. 279, 1998 WL 328043 (Conn.Super.); Weiner v. D'Acunto, 22 Conn. L. Rptr. 561, 1998 WL 518704 (Conn.Super.); Long v. Delarosa, 13 Conn. L. Rptr. 309, 1995 WL 50275 (Conn.Super.) A contrary decision is found in O'Brien v. Wilson-Coker, Docket No. CV 03 0522346 S, Superior Court, Judicial District of New Britain (January 9, 2004 Levine, J.).
Attorney Kosinski has been disqualified from serving as counsel for the plaintiffs, because of the likelihood that he will be a witness at the trial. He is disqualified as an attorney and advocate for the plaintiffs. He remains a pro se party as executor of the Janina Stawrowski estate. He cannot, having been disqualified to serve as an attorney, rely on his pro se status to represent the interests of the estate. The estate represents the assets, beneficiaries and creditors of the estate. Those interests must be represented by an attorney qualified to participate in this trial as an attorney.
The parties should immediately contact Judge Robinson concerning the schedule for the trial.
McWeeny, J.