Bandler v. Cohen Rosenthal & Kramer, LLP

Plaintiffs Michael Bandler and MB&Co, Ltd. ("corporation") filed an interlocutory appeal of the trial court's ruling that Bandler, a non-attorney, could not represent corporation in this case. Bandler was the sole shareholder and president of corporation. Bandler sued Charter One Bank, raising several claims based on the bank's alleged failure to honor advertising promises and other representations in connection with a checking account. He argued that the trial court violated his due-process rights by ruling on the basis of the parties' respective written submissions on the issue of representation without giving him prior notice of its concerns about his representation so that he could respond "by way of papers [or] argument" before the trial court issued its ruling. Having "serious concerns about Mr. Bandler's ability to present the Corporation's claims in this case," the trial court concluded that allowing Bandler to represent corporation would be unduly burdensome to the court. The Supreme Court disagreed with plaintiffs' contention on appeal, finding the trial court acted within its discretion in deciding the pending motions without a hearing or argument and without soliciting further written argument from plaintiffs. View "Bandler v. Cohen Rosenthal & Kramer, LLP" on Justia Law