Can a single member LLC represent itself in court without an attorney?

Full question:

Here is a legal argument that I feel is flawed. What is your thought? Argument: 'A Limited Liability Company is a Corporation and the Law has for many years required that a Corporation must be represented by an Attorney.'Rebuttal: 'A Limited Liability Company is NOT a Corporation. Single Member LLC operate like a Sole Proprietor with an additional layer of protection against liabilities attributed to the LLC and therefore the Single Member CAN appear in Court to represent the LLC just as a Sole Proprietor CAN represent himself in Pro Se. If there is more than one member of the LLC then, yes, an Attorney is needed because the interests of more than a single person must be adequate represented and one of the members can represent the interest of another without a license to practice law. Please tell me your thoughts; this one is bugging me...Please answer for the Michigan, North Carolina, and Generally.

• Category: LLC
• Date: 04/07/2025
• State: Michigan

Answer:

The courts generally view corporations as artificial entities that can only act through their agents. Therefore, a corporation must be represented by an attorney in court. This rule applies to all jurisdictions, including Michigan and North Carolina. A corporation cannot appear in court by an officer who is not a licensed attorney. In contrast, a natural person can represent themselves in court (known as appearing in propria persona). Since a Limited Liability Company (LLC) is considered an artificial entity, it cannot represent itself in court without an attorney. This means that if an LLC has more than one member, an attorney must represent it to ensure that all members' interests are adequately represented. However, a single-member LLC operates similarly to a sole proprietorship and can be represented by its owner in court.