Corporations must be represented by an attorney in court.

Individual persons may represent themselves in courts of record, which are the superior, state and probate courts.* However, corporations and LLCs must hire an attorney to represent them in such courts. While a corporation is deemed a “person,” it is an artificial person and can only act through its agents, and that includes any actions a corporation takes in a court of record. The reason someone other than a lawyer (e.g., an officer of the corporation or owner of the LLC) may not represent a corporation in a court of record is because the rules that govern matters in courts of record and the legal issues that require a court of record to resolve typically are more complicated and require more knowledge and skill than a non-lawyer possesses. Basically, the law has determined that, if a corporation must be represented by an agent in court, that agent should know how the court system works.

As an experienced Atlanta business attorney, I know how the court system works. If you have a business claim against another party, or you need to defend yourself against a claim, please call me at (404) 445-7771 or email me to discuss how I can help protect your interests and enforce your legal rights.

* Magistrate courts, also called small claims courts, are not courts of record, and corporations and LLCs may be represented by a non-lawyer before those courts because, as explained by the Georgia Court of Appeals in Eckles v. Atlanta Technology Group, Inc., “those problems which are likely to arise when a layman serves as the legal representative for a corporation in a proceeding in a court of record are greatly minimized in the more informal setting of a proceeding in a court which is not of record.” Magistrate court claims are limited to damages of no more than $15,000. If you need advice regarding a magistrate court claim, please call or email me with your question, and I’ll be glad to help you out.