Do you need a lawyer to represent a business in court?

The American judicial system allows individuals to represent themselves in court. But, can a business owner represent her or his company in court?

The simple answer is, no.

You probably have read on the news about individuals representing themselves pro per in court. Pro per or Pro ser is an abbreviation of the Latin phrase “in propria persona.” It means “in their own person,” While this self-representation in court is accepted, it is not recommended, since most individuals do not have the court procedures’ knowledge.

However, when the business is in court proceedings, to respect the corporate form, it must bring a lawyer.

This is because a business, an LLC or Corporation, is an entity unto itself. It is separate from its owners and officers.

There are some limited situations where an officer of a corporation may represent it.

Among those exceptions are proceedings before:

  • Department of Economic Security
  • Justice Court
  • Police Court
  • Small Claims Court
  • Regulatory boards and agencies.

Importantly, it is recommended that you are represented by an experienced attorney in all situations. A good attorney will help you to evaluate your best options. The attorney will bring up strategies to preserve your company’s resources, including settling the issue.

Attorney Marcos E. Garciaacosta has experience defending businesses in Superior Court, Federal Court, and in front of boards and regulatory agencies. Schedule a free 15 minutes consultation via phone with attorney Marcos to evaluate your case.  Call us at (480) 324-6378.

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