We often receive inquiries from business owners who have been sued in Pennsylvania or are thinking about filing a lawsuit in Pennsylvania—asking whether it is legally permissible for an owner or officer of the business to represent the business in court without a lawyer. The answer to this question depends on (1) the type of business that you have, and (2) the court in which your business is being sued.
If your business is a sole proprietorship—that is, if your business is simply you, operating under your own name (for example, a house painting business where the checks are paid to “Mary Smith”), or if your business is you, operating under a legally registered business name (for example, a similar house painting business, but where the checks are paid to “Smith Painting,” the name under which Mary Smith legally does business)—then the true party before the court is you as an individual. Because there is no separate legal entity involved, you can legally represent yourself in court without a lawyer, even though you are being sued about a matter involving your business.
If your business is a general partnership, a limited partnership (“LP”), or a limited liability partnership (“LLP”), a general partner who is authorized to conduct the business of your partnership may legally represent the partnership without a lawyer, but the limited partners may not.
If your business is an entity with a separate legal existence, such as a corporation or a limited liability company (“LLC”) registered to do business in Pennsylvania, then the business must, as a matter of law, be represented in court by an attorney unless a specific exception applies. In a civil case, any filing made on behalf of a corporation or LLC by someone other than a lawyer is a legal nullity that can and must be disregarded by the court because the court lacks jurisdiction to consider any claims or defenses raised by a non-attorney.
There are three common exceptions to the rule that a business that is a separate legal entity must be represented in court by a lawyer.
First, certain minor courts in Pennsylvania that are designed to adjudicate small civil claims, such as the Magisterial District Courts and the Philadelphia Municipal Court, have rules that permit businesses to be represented by non‑lawyers. Those courts may have procedural rules that require the business to provide specific written authorization for the non-lawyer representative to appear for the business in court.
Second, a non-attorney may legally represent a business in certain administrative proceedings, such as a hearing before a referee of Pennsylvania’s unemployment compensation board.
Third, an exception exists for a rare and complex type of case known as a stockholder derivative action.
Of course, the question of whether it is legally possible for your business to be represented by a non‑lawyer is very separate and different from the question of whether it is wise, or a good idea, to allow your business to be represented in court without a lawyer. We strongly recommend that any business that is involved in a court proceeding, or any business that is thinking about starting a court proceeding, consult with a well-qualified attorney who is experienced in litigating business disputes. What you don’t know about court procedures and the intricacies of the law can, and often will, hurt your business.
