California Law: Why Companies Can’t Represent Themselves in Court
- Yakup Sari, Esq.
- Sep 8, 2025
- 3 min read
“In California, corporations and LLCs cannot represent themselves in court; only licensed attorneys may appear on their behalf.”
When a lawsuit arises, many business owners wonder if their corporation or limited liability company (LLC) can save money by representing itself in Court. In California, the rule is clear: Corporations and LLCs are not allowed to act on their own in most Court cases, except for limited situations in small claims court. The law requires these business entities to be represented by a Licensed Attorney to make sure the case follows proper procedure and the court system remains orderly.
The Legal Basis
California treats Corporations and LLCs as separate legal “persons.” While an individual has the constitutional right to represent themselves in court (known as appearing pro se), a company is not the same as its owners, officers, or managers.
Business and Professions Code § 6125 prohibits anyone who is not an active member of the State Bar of California from practicing law.
Code of Civil Procedure § 128(a)(5) gives courts authority to prevent unauthorized practice of law in proceedings before them.
Case Law:
In Merco Construction Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, the California Supreme Court held that corporations cannot appear in court without an attorney.
In CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, the court reaffirmed that corporate entities must be represented by licensed counsel.
These rulings emphasize that allowing a non-lawyer officer or manager to act on behalf of a company in court would amount to the unauthorized practice of law.
Limited Exception: Small Claims Court
California’s small claims Courts use simpler rules to make the process easier and more accessible for everyday disputes. Under Code of Civil Procedure § 116.540, a corporation or limited liability company (LLC) can appear in small claims cases through an authorized agent, such as an employee, officer, or director, instead of hiring a lawyer. But once a case goes beyond small claims, the rules change: the business must be represented by a licensed attorney in higher courts.
What Happens If a Company Tries to Represent Itself?
If a corporation or LLC files papers or attempts to appear in court without a lawyer, the court may:
Strike the company’s filings;
Refuse to allow participation in hearings; or
Enter a default judgment against the company.
This means that ignoring the attorney-representation requirement could cost a business its entire case.
Why the Rule Exists
The rule works as a safeguard, protecting both businesses and the justice system. Court cases are rarely straightforward—they involve strict procedures, complex legal arguments, and detailed rules about evidence. By requiring companies to hire licensed attorneys, the law makes sure cases move forward correctly, avoids mistakes and delays, and keeps the process fair. It also clearly stops non-lawyers from acting as attorneys, protecting them from legal trouble.
Bottom Line
If your California corporation or LLC is facing litigation in State or Superior Court, you cannot represent the business yourself. Hiring a licensed attorney is not optional—it is legally required. While it may seem like an added cost, having a skilled lawyer represent your business ensures compliance with the law and increases your chances of success in court.
Need any help? Contact Sari Law Firm today for a consultation. We’ll guide you every step of your issue—because informed decision leads to stronger outcomes.
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