A Partnership Must be Represented by Counsel

A Partnership Must be Represented by Counsel

      Although this holding is less than clear as to the background facts, a recent decision of the Eastern District of Kentucky has affirmed the rule that a partnership must, in federal court, be represented by counsel.  Kloeber v. Montie’s Resources, LLC, 2012 WL 6652520 (E.D. Ky. Dec. 20, 2012). 

      While the facts of this suit are not made express in the ruling, it is clear that one of the defendants, the Bartolomea and Lisa Montanari Family Limited Partnership, at one time had counsel, but that counsel withdrew, and no subsequent counsel made an appearance on the partnership’s behalf.  Apparently an answer to the complaint was filed by the partnership, but that answer was not made by legal counsel (who signed the answer is not indicated in the opinion).  On the basis that:

The partnership may not represent itself for it is well settled that corporations, partnerships, and associations cannot appear in federal court except through a licensed attorney.,

the answer was ordered stricken and default judgment under FRCP 55(b)(2) was ordered entered.