Legal Question in Civil Litigation in Michigan

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.

Which one is right? Please answer for the State of Michigan, North Carolina, and Generally.


Asked on 10/03/10, 5:57 am

1 Answer from Attorneys

William Morrison Action Defense Center

First of all your premise is incorrect. A corporation may be represented by any of its officers.

The remainder of your post is a confused result of the initial premise.

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Answered on 10/08/10, 9:46 pm


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