Does an LLC Need to Have an Attorney in Small Claims in Ohio?
As lawyers for LLCs, we often receive questions from business owners facing lawsuits in small claims court, which is more accessible to individuals than common pleas or federal court. The most frequently asked question is, “Can I, as the owner of the limited liability company, appear in court, or should I hire an LLC lawyer to represent me?”
Understanding Ohio Supreme Court Rulings
The Ohio Supreme Court has ruled that a non-lawyer salaried employee or officer of the LLC may appear on behalf of the company provided the person does not cross-examine any witness, put any argument on the record, or otherwise advocate for the LLC. In short, the non-lawyer cannot do anything to defend the LLC except avoid a default judgment.
Why You Should Hire an LLC Lawyer
Effective Defense: In order to protect your limited liability company, you should hire a lawyer experienced in representing businesses so the attorney can argue on your behalf, cross-examine the plaintiff, and present a defense. This is why it is important, if your LLC gets sued, to hire counsel to protect your business in small claims court.
Legal Expertise: An LLC lawyer brings specialized knowledge and experience in handling business-related legal matters. They understand the nuances of small claims court procedures and can navigate the complexities of the legal system to ensure the best possible outcome for your LLC.
The Role of an LLC Lawyer in Small Claims Court
Arguing on Your Behalf: An LLC lawyer can present your case effectively, making arguments on the record and advocating for your business. This includes presenting evidence, questioning witnesses, and making legal arguments to defend your LLC’s interests.
Cross-Examining Witnesses: Cross-examination is a critical component of defending a lawsuit. An LLC lawyer is skilled in questioning witnesses to challenge their testimony and strengthen your defense. Without an attorney, your ability to contest the plaintiff’s claims is severely limited.
Preventing Default Judgments: While a non-lawyer representative can appear to avoid a default judgment, they cannot actively defend the LLC. An LLC lawyer ensures that your business is not only present in court but also actively defended against the claims brought forward.
Benefits of Hiring an LLC Lawyer
Protecting Your Business: Hiring an LLC lawyer helps safeguard your business’s assets and reputation. A well-prepared defense can prevent adverse judgments that could negatively impact your LLC.
Reducing Stress: Legal proceedings can be stressful and time-consuming. Having a knowledgeable lawyer handle your case allows you to focus on running your business while ensuring your legal matters are in capable hands.
Ensuring Compliance: An LLC lawyer ensures that your defense complies with all legal requirements and court procedures. This reduces the risk of procedural errors that could jeopardize your case.
Conclusion
Navigating small claims court can be challenging for LLC owners, especially without legal expertise. Hiring an LLC lawyer ensures that your business is effectively defended, protecting your assets and reputation. If you have questions regarding representation for your company in small claims court or wish to obtain legal representation, please contact the professionals at ALH Law Group by phone at (614) 440-1395 to schedule a consultation with an experienced LLC lawyer in Columbus today.
