Can I Represent My Business in Court in California?

As a business owner in California, you are used to wearing many hats and handling problems on your own. So when a legal dispute arises that requires court intervention, for example, if a customer or client refuses to pay their bill or your business is sued by someone for breach of contract, it is understandable to consider handling the matter alone without an attorney. But can you represent your business in court in California? The answer varies depending on a few factors, such as the type of business. However, generally, while individuals are legally allowed to represent themselves in court, the laws governing business litigation are stricter.

Self-Representation in California

Self-representation is a right that federal and state laws grant individuals. Under federal and California law, individuals have the right to file legal cases alone without an attorney and represent themselves in court. This is referred to as proceeding “pro se.” However, in California, businesses are looked at differently.

Generally, if the business is the same as yourself, you can proceed without an attorney because you and the company are one and the same. For instance, if you run a sole proprietorship, you can represent yourself. On the other hand, if you own a legal entity like a Limited Liability Company (LLC) or corporation, you lose the ability to proceed “pro se.” In California, a legal entity must be represented by an attorney in court.

The rationale behind this is that a legal entity cannot act on its own behalf. A corporation or an LLC can only act through actual people. In court, an LLC or corporation cannot speak, sign documents, or argue in front of a judge. Therefore, California courts usually require a business to have a legal representative. Allowing someone who is not an attorney to act on the entity’s behalf would be considered unauthorized practice of law.

Note: If you are a California-licensed attorney, you can represent your business.

The Risks of Representing Your Business

Even if you are legally allowed to represent your business in court, it is highly advisable that you retain an attorney for your business. Representing your business can carry several risks, including the following;

• Lack of legal knowledge. Business law and court procedures can be complex.
• Potential for costly mistakes that can have severe financial and legal consequences.
• Failure to protect interests. Without an attorney, you might not adequately protect your business’s legal and financial interests.

An experienced California business law attorney can help you in several ways, including;

• Ensuring your case is filed properly
• Presenting the right arguments or legal defenses
• Negotiating settlements that can help save time and money

Whether you are dealing with a contract dispute, employment lawsuit, or any other legal dispute, hiring a skilled attorney for your business can increase your chances of achieving the best possible outcome. Indeed, the cost of hiring an attorney to represent your business might seem like an unpleasant expense. However, remember that it is a legal requirement. And even if you are not required to hire an attorney for your business, hiring one can help you save money in the long run.

Contact a San Jose Business Lawyer

If your California business is facing a legal dispute, contact our skilled San Jose business attorneys at SAC Attorneys LLP to schedule a consultation.