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Is there a rule which requires that a corporation (or LLC)

must have a lawyer in...
Is there a rule which requires that a corporation (or LLC) must have a lawyer in a civil case?
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Answered in 3 minutes by:
12/8/2017
Damien Bosco
Damien Bosco, Attorney
Category: Business Law
Satisfied Customers: 4,538
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Generally, yes. An officer or owner of a corporation or of an LLC cannot represent the entity in court. It could depend on the court and state. If you tell me what court or state, there are sometimes exceptions.

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If you tell me what court and state, possible I can find the rule that has an exception.

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Customer reply replied 5 months ago
The state is Maryland. I’m looking for the specific rule that requires a corporation have an attorney
Customer reply replied 5 months ago
Or that an officer cannot represent the LLC

Here is what the statute says for the district court. if it is a small claim then an officer can represent the corporation (under $5,000). But if it is a larger claim, then an officer cannot represent the corporation. There are other restriction too (see below)

Section 10-206:

(4) an officer of a corporation, an employee designated by an officer of a corporation, a partner in a business operated as a partnership or an employee designated by a partner, a member of a limited liability company or an employee designated by a member of a limited liability company, or an employee designated by the owner of a business operated as a sole proprietorship while the officer, partner, member, or employee is appearing on behalf of the corporation, partnership, limited liability company, or business in a civil action in the District Court of Maryland if:

(i) the action:

1. is based on a claim that does not exceed the amount set under § 4-405 of the Courts Article for a small claim action; and

2. is not based on an assignment, to the corporation, partnership, or business, of the claim of another;

(ii) in the case of a designated employee, the employee:

1. is not assigned on a full-time basis to appear in the District Court on behalf of the corporation, partnership, or business;

2. provides the court a power of attorney sworn to by the employer that certifies that the designated employee is an authorized agent of the corporation, partnership, limited liability company, or sole proprietorship and may bind the corporation, partnership, limited liability company, or sole proprietorship on matters pending before the court; and

3. is not an individual who is disbarred or suspended as a lawyer in any state; and

(iii) the corporation, partnership, limited liability company, or business does not contract, hire, or employ another business entity to provide appearance services;

We can discuss this further if you want to do so.

Damien Bosco
Damien Bosco, Attorney
Category: Business Law
Satisfied Customers: 4,538
Experience: Attorney. Well versed, understanding, friendly
Verified
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Category: Business Law
Satisfied Customers: 4,538
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