Written by attorneys · grounded in primary & secondary sources — see below
A person authorized to act on behalf of another in legal proceedings or transactions, especially when the principal is deceased, incapacitated, or an entity such as a corporation or estate.
Sources & Authorities
How it applies
Common Examples
6
Diversity Suit by Estate Representative
Lamar Lewis died in State A. His brother from State B was appointed administrator of the estate and sued a State A hospital for malpractice exceeding $75,000. The court treated the administrator as a citizen of State A under the statute, destroying complete diversity and requiring dismissal.
Corporate Ultra Vires Action by Conservator
Lakeshore Industries entered conservation. Its court-appointed conservator sued former officer Lila Lin for authorizing contracts beyond the company's powers. The statute permitted the corporation to proceed through its legal representative against the insider.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Course Outlines
Dictionaries
A sitting judge served as manager and legal representative for Levi Lowe's private real estate company, signing contracts and deeds. The conduct violated judicial rules against serving as an officer or employee of a business entity and led to removal proceedings.
Municipal Liability Through Representatives
Lucas Lee and other plaintiffs sued a city department through their legal representatives for unconstitutional policies. The suit proceeded against the municipality on the theory that the representatives could enforce rights against the entity.
Monell v. Department of Social Services of the City of New York436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978)
School Segregation Suit by Minors
Logan Lane and other minors, through their legal representatives, sued local school boards to end racial segregation. The representatives brought the equal-protection claims on behalf of the children who lacked capacity to sue in their own names.
Brown v. Board of Education [*Brown I*]347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)
Class Settlement with Legal Representatives
Linden Bank and other defendants reached a class settlement covering persons exposed to asbestos and their legal representatives. The court approved the settlement after confirming that the representatives adequately protected the interests of absent class members.
Amchem Products, Inc. v. Windsor521 U.S. 591 (1997)
Common questions
Frequently Asked
4
How does a legal representative's citizenship affect diversity jurisdiction?+
The statute deems the legal representative of a decedent, infant, or incompetent a citizen only of the same state as the represented person. This prevents parties from manufacturing diversity by appointing an out-of-state representative.
When may a corporation sue through a legal representative to challenge ultra vires acts?+
A corporation may proceed directly or through a receiver, trustee, or other legal representative against an incumbent or former director, officer, employee, or agent to challenge lack of corporate power.
Does a judge violate conduct rules by serving as a legal representative for a private company?+
Yes. A judge who acts as manager and legal representative for a private real estate company, executing contracts and deeds, violates rules prohibiting judges from serving as officers or employees of business entities.
Who may exercise rights of a dissociated partner or member under uniform acts?+
A dissociated partner or member may exercise inspection and other rights through an agent or, if under legal disability, through a legal representative, and any restrictions apply to that representative as well.
347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)Remedies
…consideration together in this consolidated opinion.[^maj-1] In each of the cases, minors of the Negro race, through their legal representatives, seek the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis. In each instance they had been denied admission to schools attended by…
Business Associations Corporations and LlcsShareholder and member litigation: direct, derivative, and class litigation · Shareholder and member litigation: direct, derivative, and class litigationUBEIntermediate