Do Companies Need Attorney Representation in Court—or Can They Represent Themselves?

By Attorney Christopher Brainard – California Business and General Counsel Lawyer

When a business gets sued—or needs to file a lawsuit—owners often ask:
“Can we represent ourselves in court, or do we need a lawyer?”

It’s a fair question, especially for small businesses trying to manage costs. But the short answer in California is this:

Corporations, LLCs, and most formal business entities must be represented by a licensed attorney in court.

There are a few exceptions, but in nearly all civil cases, businesses cannot appear pro se (represent themselves) as individuals can. This rule exists to protect the court system and ensure that legal proceedings are handled competently.

Let’s break down the rules and what your company needs to know.

⚖️ What California Law Says

Under California law, corporations and LLCs are considered separate legal entities from their owners. Because of this distinction:

  • An individual can represent themselves in court (this is called appearing “pro se”)

  • A business entity cannot represent itself in most court proceedings

California Code of Civil Procedure § 128.7

This statute requires that pleadings and motions filed in court be signed by an attorney, unless filed by an individual representing themselves.

📌 In practice:

"A corporation or LLC must appear in court through an attorney. Its officers, shareholders, or managers cannot represent it—except in limited small claims cases."

🏛 Exceptions: When Can a Business Represent Itself?

There are narrow exceptions, mostly in small claims court:

✅ Small Claims Court (Limited Circumstances)

  • A corporation or LLC can represent itself in California Small Claims Court

  • Must appoint an authorized employee or officer—not an outside attorney

  • Maximum claim amount is $6,250 for businesses

Even in small claims, having legal advice before the hearing is often smart.

❌ Not Allowed in:

  • Civil court (limited or unlimited jurisdiction)

  • Breach of contract lawsuits

  • Employment litigation

  • Landlord-tenant disputes involving corporate landlords

  • Business torts (fraud, defamation, interference, etc.)

  • Appellate proceedings

In all these cases, the business must retain a licensed attorney.

🚫 Risks of Not Having Proper Representation

Trying to appear in court without a lawyer can have serious consequences:

  • Your filings can be rejected

  • Your case can be dismissed

  • You can lose by default

  • You may be sanctioned or fined for unauthorized practice of law

If a non-lawyer officer tries to represent the company, the judge will likely strike pleadings or halt proceedings until counsel is obtained.

🧠 Why This Rule Exists

The rule isn't meant to punish small businesses—it’s meant to protect the legal system and all parties involved. Legal cases require:

  • Knowledge of procedure, rules of evidence, deadlines

  • Ability to file proper pleadings and respond to motions

  • Professional conduct and ethics

Judges want efficient, fair litigation—and that’s difficult if a business sends in someone with no legal training to argue its case.

👨⚖️ What About Arbitration or Administrative Hearings?

Some administrative hearings or arbitrations may allow non-attorney representatives—but it depends on the rules of the forum.

  • Certain licensing boards or labor commissions may allow corporate officers to appear

  • Some arbitration clauses allow "lay representation"

  • However, even in those settings, a lawyer is often a smart strategic choice

Always read the fine print of your contract or administrative rules.

🤝 Bottom Line: Hire an Attorney Early

If your company is being sued—or needs to initiate legal action—it’s not just legally required to use a lawyer in most cases. It’s also the smartest way to protect your business.

At LawBrainard, we provide:

  • Representation in civil business litigation

  • General counsel services to help prevent lawsuits

  • Advice on responding to claims or demand letters

  • Flat-fee or monthly retainer options for ongoing business support

📞 Call (310) 266-4115
🌐 Visit: www.LawBrainard.com
🗓 Schedule a consultation to protect your business in and out of court.

Christopher Brainard is a California business and litigation attorney providing legal guidance to corporations, LLCs, and entrepreneurs. He helps businesses manage risk, handle disputes, and meet legal requirements with confidence.

*This article/blog is provided for informational and educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Christopher Brainard, Esq. An attorney-client relationship can only be formed through a written and signed agreement with Christopher Brainard. If you need legal advice about your specific situation contact us for a consultation.