Legal Question in Business Law in California
limited liability company
Where in law or code does it mention that an LLC must be represented in pleadings or court by licensed counsel?
4 Answers from Attorneys
Re: limited liability company
What you describe is not a restriction on LLC's but rather a consequence of the rule that only licensed attorneys can represent others in court.
Any individual can represent him or herself in court, but corporate entities -- whether traditional corporations, LLC's, or what have you -- cannot. This is because everything a corporation does is carried out by individuals acting on its behalf. Anyone who appeared in court for a company would be representing the company's interests rather than his or her own. He or she would thus be practicing law on the company's behalf. Non-lawyers are forbidden to do that.
Re: limited liability company
Mr. Hoffman is 100% correct, and gives an excellent explanation as well. I concur.
Re: limited liability company
Mr. Hoffman is 100% correct, and gives an excellent explanation as well. I concur.
Re: limited liability company
No one may represent another, except an attorney. As a corporation or LLC are legal entities and can only act through its officers, directors, etc., and where those people are not attorneys, they cannot represent the entity. See the case:Caressa Camille, Inc. v. Alcoholic Beverage Control App. Bd. (2002) 99 CA4th 1094, 1101�1102, 121 CR2d 758, 764]
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