Also known as:lawful representatives · legal representative · authorized representative
Written by attorneys · grounded in primary & secondary sources — see below
A person authorized by law to act on behalf of another in legal proceedings or transactions. This includes executors, administrators, guardians, and agents appointed under statutes or court order for estates, minors, incompetents, or dissolved entities. The representative steps into the shoes of the represented party for purposes such as asserting rights, winding up affairs, or determining jurisdictional citizenship.
Sources & Authorities
How it applies
Common Examples
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Estate Administrator Citizenship
Layla Lane, a citizen of State B, is appointed administrator of the estate of Luke Latham, who was domiciled in State A at death. She files a wrongful death suit in federal court against a State B corporation. The court treats Layla as a citizen only of State A for diversity purposes under the governing statute, so complete diversity exists despite her personal domicile.
Corporate Derivative Suit
Lorenzo Lugo, as receiver appointed for a dissolved corporation, brings a derivative action against a former officer who misappropriated funds. The proceeding is authorized because the receiver qualifies as a legal representative entitled to enforce the corporation's rights directly against insiders.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Judge Serving as Representative
Lola Langley, a sitting judge, executes contracts and deeds as manager for a private real estate company owned by non-family members. The conduct violates judicial rules because a judge may not serve as legal representative for a business entity outside narrow family exceptions, leading to disciplinary removal proceedings.
Tribal Distribution Representative
Lucas Lee, elected as an authorized representative of a mixed-blood tribal group, participates in managing mineral rights held in trust. The group later challenges federal handling of the estate, with Lucas acting in his representative capacity to assert claims on behalf of the members.
Affiliated Ute Citizens of Utah v. United States406 U.S. 128, 153-154 (1972)
Post-Judgment Relief Motion
Leah Lamb, as legal representative of a party who died after final judgment, moves under Rule 60(b) to set aside the order on grounds of newly discovered evidence. The court permits the motion because the representative steps into the deceased party's position to seek relief from the judgment.
Plaut v. Spendthrift Farm, Inc.514 U.S. 211, 228 (1995)
Juvenile Proceeding Rights
Linden Bank, appointed as legal representative for a minor in delinquency proceedings, asserts the child's right to counsel and notice. The court recognizes the representative's standing to invoke constitutional protections on the minor's behalf during the hearing.
In re Gault387 U.S. 1, 13, 87 S.Ct. 1428, 1436, 18 L.Ed.2d 527 (1967)
Common questions
Frequently Asked
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How is the citizenship of a legal representative determined for diversity jurisdiction?+
The legal representative of a decedent's estate, infant, or incompetent is deemed a citizen only of the same state as the person represented. This statutory rule prevents manipulation of federal jurisdiction by choice of representative and overrides the representative's personal domicile.
Supporting sources
When may a legal representative bring suit on behalf of a corporation?+
A receiver, trustee, or other legal representative may sue directly or derivatively against directors, officers, or agents for corporate claims. The representative stands in the corporation's shoes to enforce rights that the entity itself could assert.
Supporting sources
Does a judge violate conduct rules by serving as a legal representative for a business?+
Yes. A judge may not act as manager or legal representative for a private company by executing contracts and deeds, except in narrow family-business cases. Such service compromises judicial independence and subjects the judge to removal.
Supporting sources
449 U.S. 302, 101 S. Ct. 633, 66 L. Ed. 2d 521 (1981)Conflict of Laws
…with his employment. [^maj-18]: The policy issued to Mr. Hague provided that Allstate would pay to the insured, or his legal representative, damages “sustained by the insured, caused by accident and arising out of the ownership, maintenance or use of [an] uninsured automobile. . . .” No suggestion has been made that Mr. Hague’s…