Representation of Corporations in Court

As a general rule, in order for an individual to appear in a Washington court, the individual must be an attorney.  Lloyd Enters., Inc. v. Longview Plumbing & Heating Co., 91 Wn. App. 697, 701, 958 P.2d 1035 (1998), rev. denied, 137 Wn.2d 1020, 980 P.2d 1281 (1999).  In particular, a corporation generally must be represented by an attorney.  “Because a corporation is an artificial entity, necessarily its interests in a court proceeding must be represented by a person acting on its behalf.”  Dutch Village Mall v. Pelletti, 162 Wn. App. 531, 535, 256 P.3d 1251 (2011).  Representing another in court is the practice of law, and in order to practice law, one must be an attorney.  Id. (citing RCW 2.48.170).  This rule applies to any artificial entity including, for example, a limited liability corporation.  Id. at 536 (citing Rowland v. Cal. Men’s Colony, 506 U.S. 194, 202, 113 S. Ct. 716 (1993); Marina Condo. Homeowner’s Ass’n v. Stratford at the Marina, LLC, 161 Wn. App. 249, ¶ 29, 254 P.3d 827 (2011)).

An exception to this general rule is that a layperson may represent themselves in court.  Id. (Wash. State Bar Ass’n v. Great W. Union Fed. Sav. & Loans Ass’n, 91 Wn.2d 48, 56, 586 P.2d 870 (1978)).  However, the “right of self-representation applies ‘only if the layperson is acting solely on his own behalf’ with respect to his own legal rights and obligations.”  Id. (quoting Great W. Union, 91 Wn.2d at 57).  Even a limited liability company with a single owner must be represented by an attorney.  Id. at 539.

However, there is one exception where a corporation not only may, but must be represented by a layperson.  In small claims court, there is a statutory bar against representation of any party, including a corporation, by an attorney..  RCW 12.40.080.  In such circumstances, a corporation must be represented by a non-attorney.  Id. at 536 n.2 (citing State ex rel. Long v. McLeod, 6 Wn. App. 848, 496 P.2d 540 (1972).