Legal Question in Civil Litigation in Missouri
Corporation representation in Missouri
Under what conditions may a corporation be represented by one of its officers in civil litigation, in a Missouri circuit court - other than a small claims case? If a corp may not be represented, under what conditions must a judge be responsive to pleadings from a corporate officer in the absence of representation? Thanks.
2 Answers from Attorneys
Re: Corporation representation in Missouri
As Mr. Nack points out, only a corporate general counsel (a licensed attorney) or an attorney retained by the corporation may file pleadings in a court of law. A corporate executive who files pleadings and is not a lawyer is practicing law without a license and is subject to sanction by the Missouri Bar, among other things.
Your best bet is to get an attorney.
Re: Corporation representation in Missouri
In my opinion, other than small claims court, a corporation may not be represented by an officer or director, unless that person is an attorney licensed to practice in the court where the litigation is taking place. The corporation is considered by the law to be a separate entity, similar to a separate person for some purposes. Although a person has the right to represent himself or herself in court, there is no person who "is" the corporation. Just as a non-lawyer can not represent another person in court, a non-lawyer can not represent a corporation. If your corporation needs an attorney to represent it in court, you may call me for a free telephone consultation at 314-727-2822.
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