• Home
  • About Us
    • Overview
    • Professionals
    • Publications
    • Join our Team
  • Practice Areas
    • Consumer Law & Contracts
    • Landlord & Tenant
    • Defamation
    • Family Law
    • Criminal Defense & Traffic
    • H-1B Visas
    • Estate Planning
    • Animal Law
    • Small Business
    • Zoning
  • Getting Started
  • Case Study
  • Blog
  • Media
    • SKL in the News
    • Eve Minter
  • Contact

May I Represent My LLC, Corporation, or Partnership in Virginia Court?

11/15/2013

2 Comments

 
Generally, no. 

Whether your entity is filing a claim or defending a claim, your entity is required to retain counsel.  Although, you own the company or corporation, your ownership status does not permit you to represent the entity in court.  Certainly, like an attorney, you could become licensed and represent your company, corporation, or partnership, but your status as an owner does not give you the authority to practice law and represent your entity in a legal proceeding unless the amount in dispute is $2,500 or less and the entity's stock is held by 5 or fewer shareholders (see Vir. Code Ann § 16.1-81.1). 

Vir. Code Ann. § 16.1-88.03(A) makes it clear that a non-natural entity, like an LLC, corporation, or partnership, may (1) file a claim (2) request judgment, or (3) present facts in General District Court without an attorney, but section § 16.1-88.03(B) makes it clear that an attorney is required to litigate the claim.  Specifically, § 16.1-88.03(B) states:

“Nothing in this section shall allow a nonlawyer to file a bill of particulars or grounds of defense or to argue motions, issue a subpoena, rule to show cause, or capias; file or interrogate at debtor interrogatories; or to file, issue or argue any other paper, pleading or proceeding not set forth in subsection A.”

In other words, while a non-natural entity is not required to retain counsel for all aspects of the legal proceeding in General District Court,* only an attorney is permitted to conduct the subsequent litigation that will certainly follow the filing or claim.

For example, an LLC owner could file a warrant in debt (civil claim for money) against a party that owes the LLC money, but the next step is often filing a bill of particulars (reasons why the opposing party owes money), which the LLC owner is not permitted to file.

Additionally, there is an ethical consideration prohibiting the Court from allowing a nonlawyer to litigate a case in court on behalf of an LLC, corporation, or partnership, which parallels § 16.1-88.03.  Specifically, Unauthorized Practice Rule 1-101 of the Virginia State Bar Professional Guidelines.  Rule 1-101, Practice Before Tribunals, states: “A non-lawyer, with or without compensation, shall not represent the interest of another before a tribunal, otherwise than in the presentation of facts, figures or factual conclusions, as distinguished from legal conclusions…” 

Rule 1-101 is elaborated by Unauthorized Practice Consideration 1-3, which states: “A corporation (other than a duly registered law corporation) does not have the same right of appearance before a tribunal as an individual and may not be represented before a tribunal by its officers, employees or agents who are not duly authorized or licensed to practice law in Virginia. A corporation can be represented only by a lawyer before a tribunal, with respect to matters involving legal conclusions, examination of witnesses or preparation of briefs or pleadings.”

If an LLC, corporation, or partnership owner tries to represent the entity in an impermissible fashion, the owner may technically be charged, prosecuted, and found guilty of a Class 1 misdemeanor for violating Vir. Code Ann. § 54.1-3904:

“Any person who practices law without being authorized or licensed shall be guilty of a Class 1 misdemeanor…”

Additionally, and more likely, if you attempt to appear in Court without counsel, the judge may rule that the entity is not present and enter an unfavorable ruling against your entity. 

If your LLC, corporation, or partnership has a legal matter, please contact Steven Krieger Law, PLLC for a consultation.  The earlier you discuss the matter with an attorney the better.

* This discussion is limited to General District Court because the simplified filing process, including form filings, allows parties to attempt to litigate without retaining an attorney.  Circuit Court does not accept form petitions or filings and the amount at stake is often very significant, so parties do not want the risk associated with representing themselves. 

2 Comments

    Author

    Steven and guests (lawyers and non-lawyers) will periodically post about topics relevant to his firm and practice areas. Your comments and feedback are always welcome. 

    Archives

    September 2020
    June 2020
    July 2019
    April 2019
    March 2019
    January 2019
    June 2018
    April 2018
    November 2017
    October 2017
    September 2017
    February 2017
    January 2017
    September 2016
    August 2016
    June 2016
    January 2016
    August 2015
    July 2015
    June 2015
    May 2015
    August 2014
    July 2014
    June 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013

    Categories

    All
    Business Entity
    Child Support
    Consumer Law
    Criminal Law
    Custody
    Debt Collection
    Defamation
    Employment Law
    Evidence
    Family Law
    H-1B
    Immigration
    Intellectual Property
    Landlord & Tenant
    Legal Malpractice
    Legal Theory
    Litigation
    Low Bono
    Plain English Guide
    Pro Se
    Spousal Support
    Visitation

    RSS Feed

    Legal Disclaimer

    The blog postings and information on this site are provided for informational purposes only and is only meant to provide a general overview or description of the law and may not reflect current legal developments, verdicts or settlements.  It is not, nor is it intended to be, specific legal advice, which requires an analysis based on the specific factors unique to each case.  Therefore, do not act or refrain from acting on the basis of any content included on this site without seeking a confidential consultation from a knowledgeable attorney.

    By accessing this site you acknowledge that this information is not provided in the course of an attorney-client relationship, is not intended to constitute legal advice, and Steven Krieger Law, PLLC expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website.

Consumer Protection Law & Contracts
Landlord & Tenant
Defamation &  Fraud
Family Law
Criminal/Traffic
​Animal Law
​Estate Planning
H-1B Visa Wage Disputes
Small Business
Zoning
Steven Krieger Law, PLLC
2200 Wilson Blvd. Suite 102
Arlington, VA 22201
Phone: 703.831.7707
Fax: 
571.512.5814​
steven@stevenkriegerlaw.com
Legal Disclaimer & Terms of Use
​
Click to set custom HTML
© Copyright 2013-21 Steven Krieger Law, PLLC