Legal Question in Civil Litigation in California
Can a LLC represent itself in civil court?
If a monetary judgment was assigned to a LLC, could a member of the LLC represent the LLC in civil court to enforce it?
In CA, I understand that an entity (Inc., LLC) can be represented by one of its members in small claims court, but is this also allowed in the higher courts?
I've seen some indication that an entity (LLC member) representing another entity (the LLC) might be considered unauthorized practice of law if the LLC member is not an attorney. Please advise.
2 Answers from Attorneys
Re: Can a LLC represent itself in civil court?
It is my understanding an LLC must be represented by counsel otherwise a court will not recognize it's appearance.
Re: Can a LLC represent itself in civil court?
Aside from small claims actions, business entities must send a person to court to represent them. In other courts, only individuals can represent themselves.
By definition, a person who represents the legal interests of another person or entity is acting as an attorney. Your LLC will have to send a licensed attorney to court to represent its interests, just as any other entity would have to do. This is true regardless of whether that person is a member or employee of the organization.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
