Can a LLC proceed pro se in litigation? - Georgia example

It is not uncommon problem encountered by individual members or managers of a Limited Liability Corporation (LLC) who believe they can represent the LLC in court and proceed pro se. A small business owner may think of the business as an extension of themself, but an LLC is a separate legal entity. One cannot proceed in court pro se and act as a representative of a LLC. That would be the practice of law and you must be a lawyer.

Question: Can the individual members of a Georgia Limited Liability Corporation (LLC) act as pro se civil litigants representing the LLC?

Answer: No, individual members of a Georgia Limited Liability Company (LLC) generally cannot act as pro se civil litigants representing the LLC in court. Under Georgia law and federal law, an LLC is treated as a separate legal entity, distinct from its members or owners. Because of this legal distinction, only a licensed attorney may represent the LLC in legal proceedings.

Key Legal Principles:

Separate Legal Entity:
An LLC is considered a separate legal entity from its members. Members do not "own" the LLC's claims but hold an ownership interest in the company itself. Therefore, members lack the standing to personally represent the LLC in court.

Prohibition Against Non-Attorney Representation:

In Winzer v. EHCA Dunwoody, LLC, 277 Ga. App. 710, 711 (2006), the Georgia Court of Appeals affirmed that non-attorneys may not represent LLCs in court. The court stated:

"A corporation or other artificial person may only appear in court through an attorney." This principle extends to LLCs because they are similarly regarded as artificial entities."

Unauthorized Practice of Law:

Non-attorney members representing an LLC would constitute the unauthorized practice of law, which is prohibited under O.C.G.A. § 15-19-51. Georgia courts strictly enforce this rule to protect the integrity of legal proceedings.

Exceptions:

There is one limited exception: An LLC's members or officers may represent the LLC in Magistrate Court in Georgia (O.C.G.A. § 15-10-43), provided that:

• The claim does not exceed the jurisdictional limit of Magistrate Court (currently $15,000).
• The case is not complex and does not involve matters that would require professional legal expertise.

Summary:

Outside of Magistrate Court, individual members of an LLC in Georgia cannot act as pro se litigants on behalf of the LLC. Legal representation by a licensed attorney is required for the LLC in most civil litigation contexts. This ensures that the LLC’s interests are properly represented and that non-attorneys do not engage in the unauthorized practice of law.

There is nothing I can do for you that would change this. Any court would require you to hire a lawyer or dismiss your case.