Can a Non-Attorney Represent a Corporation or LLC in a Bankruptcy Adversary Proceeding?
Full Question:
Answer:
Even though a corporation is a separate entity legally, though, it cannot represent itself in court. A corporate officer may represent the corporation only if he or she is a licensed attorney. The largest corporations tend to have in-house legal counsel, but most smaller enterprises use independent, outside counsel to update their corporate records, to offer legal advice on business plans and transactions, negotiate for them in business deals, and to represent them in court.
Generally, a non-attorney officer may not represent a corporation in a court proceeding. However, there is authority for such an officer to represent the corporation in arbitration.
Please see:
http://www.ilnb.uscourts.gov/Filing_without_Lawyer/creditors_proceedings_pro_se.pdf
http://www.gamb.uscourts.gov/Opinions/Hershner/04-03024.pdf
http://www.vsb.org/site/regulation/virginia-upl-opinion-206