When a Limited Liability Company (LLC) is involved in a legal dispute, one question many business owners ask is:
Can an LLC represent itself in court?
The short answer: It depends. In most U.S. jurisdictions, an LLC cannot represent itself in court and must hire a licensed attorney — especially in civil or higher courts. However, some exceptions exist in small claims court.
In this guide, we’ll break down:
- Whether an LLC can represent itself in court
- Differences between small claims and higher courts
- State-by-state rules and exceptions
- Penalties for unauthorized legal representation
- What business owners should do in a lawsuit
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What Does It Mean to “Represent Yourself” in Court?
To represent yourself in court means to act as your own legal counsel, also known as “pro se representation.”
While individuals can legally represent themselves, an LLC is a separate legal entity from its owners. Therefore, it must be represented by a licensed attorney in most legal proceedings.
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Can an LLC Represent Itself in Court?
The general rule is:
- ✅ Individuals can represent themselves
- ❌ LLCs cannot represent themselves in most courts
Courts consider an LLC a distinct “person” under the law. So even if you’re the sole owner (a single-member LLC), you are not allowed to appear on behalf of your business unless you’re a licensed attorney.
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Exceptions: Small Claims Court
Many states allow LLCs to appear without an attorney in small claims court, which typically handles disputes under $5,000 to $10,000.
Examples:
- In California, an LLC can appear in small claims through an employee or officer
- In Texas, an LLC can be represented by a manager or officer
- In New York, a non-attorney can represent the LLC in small claims, but not in higher courts
Always check your state’s small claims court rules before proceeding.
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Why LLCs Can’t Usually Represent Themselves
Courts prohibit non-lawyers from representing businesses to:
- Protect the public from unqualified legal representation
- Ensure fairness in legal proceedings
- Maintain professional standards for court filings and procedures
Even if you’re the sole member of the LLC, acting as its legal representative without a license may be considered unauthorized practice of law — which is illegal in most states.
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Consequences of Unauthorized Representation
If an LLC tries to represent itself in court without a licensed attorney, the court may:
- Dismiss the case or the LLC’s defense
- Impose fines or sanctions
- Delay proceedings until proper representation is obtained
- Penalize the individual for unauthorized practice of law
In serious cases, repeat violations could lead to contempt of court or even criminal charges.
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What Should You Do If Your LLC Is Sued?
- Don’t panic — lawsuits are common in business
- Do not attempt to file a response yourself unless allowed in small claims
- Contact a qualified business attorney immediately
- Gather and organize all related documents
- Respond to deadlines to avoid default judgment
If the lawsuit is in small claims court, you may be able to appear yourself, depending on your state’s rules.
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Can a Member Who Is a Lawyer Represent Their LLC?
Yes. If the LLC’s owner or manager is a licensed attorney in the jurisdiction where the case is filed, they can represent the LLC in court.
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Final Thoughts
In most cases, an LLC must be represented by a licensed attorney in court. Attempting to handle a legal case without a lawyer could harm your business and violate the law.
The only common exception is small claims court, where some states allow business owners to represent their LLCs — but rules vary.
If you’re starting or managing an LLC, it’s crucial to understand your legal obligations. Need help forming your LLC or protecting your business legally? Contact FormLLC for professional support.
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