Legal Question in Civil Litigation in Michigan
Here is a legal argument that I feel is flawed. What is your thought?
Argument: "A Limited Liability Company is a Corporation and the Law has for many years required that a Corporation must be represented by an Attorney."
Rebuttal: "A Limited Liability Company is NOT a Corporation.
Single Member LLC operate like a Sole Proprietor with an additional layer of protection against liabilities attributed to the LLC and therefore the Single Member CAN appear in Court to represent the LLC just as a Sole Proprietor CAN represent himself in Pro Se. If there is more than one member of the LLC then, yes, an Attorney is needed because the interests of more than a single person must be adequate represented and one of the members can represent the interest of another without a license to practice law.
Which one is right? Please answer for the State of Michigan, North Carolina, and Generally.
1 Answer from Attorneys
First of all your premise is incorrect. A corporation may be represented by any of its officers.
The remainder of your post is a confused result of the initial premise.