Atlanta Business lawyers at The Libby Law Firm know that a Georgia corporation must be represented by an attorney in order for it to file a claim or to defend itself in a suit brought against it. This might seem like a heavy burden for a business––after all, an individual can represent him- or herself in court––so why must a corporation obtain representation instead of, say, being represented by the sole shareholder in court?
Although an individual can represent him- or herself in court––which is called “appearing pro se”––Georgia law prohibits a non-attorney from representing someone else in court. Corporations are considered to be and treated like an individual under law; therefore, permitting the shareholder to represent the corporation would be allowing the unauthorized practice of law because a non-attorney (the shareholder) would be representing another (the corporation) in court.
In fact, the Supreme Court of Georgia has held that:
“A layman who is representing a corporation in a legal matter is in no sense representing himself, but is acting as the legal representative of another ‘person’ entirely.” (485 S.E.2d 22 (1997).
An Atlanta business attorney from The Libby Law Firm would be glad to discuss these rules with you further . However, it is important to seek the immediate representation of an Atlanta business lawyer if your corporation is appearing in court. In reality, it is best if your corporation has a separate attorney from you as an individual. This may be important if any conflicts arise, tax purposes, preventing “piercing of the corporate veil”, and more.
The Atlanta business lawyers at our Firm are experienced in all aspects of Georgia corporate law and litigation. Call us today to discuss any Atlanta corporate litigation proceedings which you are involved in, or may become involved in, and whether it is prudent to go ahead and retain an Atlanta corporate lawyer for your corporation. Contact our Main Office at (404) 467-8611 or you may send us a confidential message through our “Contact Us” form on our website. The Firm’s main office is conveniently located in the Buckhead section of Atlanta. There is plenty of free covered parking with security.
Atlanta, Georgia business lawyersThe Libby Law Firm provides Georgia business legal services throughout Georgia, including the cities and counties of North Georgia, Sandy Springs, Gainesville, the Buckhead Area, North and South Atlanta, Fulton County, Gwinnett County, Lawrenceville, Duluth, Forsyth County, Cumming, Cobb County, Marietta, Acworth, Kennesaw, DeKalb County, Decatur, and many more counties and cities throughout Georgia. Whether you are an individual, family, business, or other type of clientele, we welcome the opportunity to assist you. Please do not hesitate to Contact Us.