Unauthorized Practice of Law by a Corporation, LLC, or S-Corp
April 10, 2013
The North Carolina Court of Appeals draws a clear line between allowing a corporation to make mere appearances in negotiations and other matters, and permitting a corporation to practice law. Since corporations can only act through its agents, they may negotiate with an opposing party and make appearances on behalf of the corporation in an out-of-court capacity. However, a corporation must be represented by a duly admitted and licensed attorney and cannot proceed pro se in court appearances. This is true in both District and Superior court and applies equally to all corporate entities including corporations, LLCs, and S-Corps. There is an exception in that a corporation does not need to be represented by an attorney in the Small Claims Division of North Carolina’s court system. However, to avoid the unauthorized practice of law, an attorney must be hired on behalf of the corporation in any other court proceedings.
The Raleigh Civil Lawyers of Maginnis Law PLLC regularly represents business entities throughout the triangle, including Raleigh, Durham, Chapel Hill, Cary, Apex, Knightdale, Morrisville, and Garner. Our firm offers a variety of billing arrangements such as hourly, retainer, and flat rate. To speak with one of our attorneys, contact the firm at (919) 526-0450, or send a confidential email inquiry using our contact page.