Legal Question in Business Law in California

Re: Representing A Corporation Pro Se

It's a crime, practicing law without a license, to attempt to represent your corporation. In the future don't do oral agreements, have written contracts drafted by an attorney that you yourself hire.

Re: Representing A Corporation Pro Se

Anyone can represent himself in court, but only an attorney can represent someone else. You and your corporation have separate legal existences. You thus can represent yourself in court, but you cannot represent the company. Since the company cannot come to court and represent itself, it needs someone else to represent it. Only an attorney may do so legally.

There is no specific statute that says this rule applies to corporations, but then there is also no specific statute that says it applies to redheads. You are dealing with a specific instance of a general rule, not a specific rule addressed to situations like yours.

As Mr. Whipple has noted, there is an exception to this rule for small claims cases.

Re: Representing A Corporation Pro Se

You need a license to practice law and California courts have decided that corporations cannot legally represent themselves without an attorney except in small claims court. It is not in the code, but a court of appeal decision. It has been years since I read it in law school, but the judge is correct. You need to hire an attorney or the case will be dismissed.

Re: Representing A Corporation Pro Se

A corporation may only appear in court through a licensed attorney.

A corporation has the capacity to bring a lawsuit because it has all the powers of a natural person in carrying out its business. However, under long-settled common law, a corporation cannot represent itself before courts of record without a lawyer, and it cannot represent itself through an officer, director or any other person who is not also a licensed lawyer. See the case of Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101�1103 [121 Cal. Rptr. 2d 758. The same rule applies in Federal Court as well.

The rationale is that a corporation is an artificial entity created by law and can only act in its affairs through its natural person agents and representatives. Thus, any person who would appear in court to act on behalf of the corporation, if not a licensed attorney, would then be practicing law without a license. See the case of Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 730 [147 Cal. Rptr. 631, 581 P.2d 636.

There are no exceptions.

Re: Representing A Corporation Pro Se

And, to round out the discussion, the law that makes it possible for a non-lawyer to appear on behalf of a corporation in Small Claims Court is Code of Civil Procedure section 116.540(b).