Sarasota, FL asked in Contracts, Business Law and Civil Rights for Michigan

Q: LLC is suing a Member. Does the Member have to be represented by counsel to defend their own interest. Not the LLC

LLC is suing a Member by another Member who has equal share. The defending Member is not representing LLC. Does Member being sued have to represented by counsel. If so, why, if the Member is not defending the LLC

1 Lawyer Answer
Sarah S. Shepard

A: The general rule in most states is that business entities, such as LLCs, must be represented by a licensed attorney in court. Individuals generally may appear pro se, meaning that they may represent themselves, in court proceedings and lawsuits.

That said, it is best generally best practices for individuals to hire a lawyer experienced in the practice area to represent them because the rules of civil procedure are complicated and familiarity with the law is important to best present your case. Lawsuits are adversarial, meaning that each side advocates for itself and judges are not there to help you along the way. Representing yourself in court is a bit like trying to negotiate a business deal in a foreign language. You can do it, but pro se litigates are at a distinct disadvantage.

Good luck!

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