Q: Is there an exception to MD for corp to be rep by an attorney if the corp is owned by husband & wife in a civil action?
Corporation was charged in a civil case that the state of Maryland claimed was Medicaid fraud. The wife responded as a Pro Se because she controlled 100% of the business. State countered saying she needs an attorney and ask that all her filings to be stricken. Is there a statute that makes an exception? Amount in dispute $35,000.
A:
While an individual can chose to represent themselves, generally a corporation must have a lawyer represent in nearly all matters. Maryland law does have an exception where an officer / owner may represent a corporation only in small claims matters under $5,000. If the amount is over $5,000 the entity needs legal counsel.
See Md. Ann Code, Business Occupations & Professions, 10-206
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