The Dangers of Self-Representation in Court
Businesses sometimes seek to appear in court through their officers or other employees, and wonder whether this can be done.
The Wisconsin Constitution provides that any individual may represent himself/herself in court. Unless licensed as an attorney in the state, however, no person may represent another person, corporation, partnership, association or organization in court; doing so constitutes the unauthorized practice of law according to Sec. 757.30(2) of the Wisconsin Statutes..
A business may be represented by a duly authorized employee in small claims court, by statutory exemption. Otherwise, a nonlawyers' representation of a business in ccourt, regardless of its form (unless it is a sole proprietorship, of course) is punishable as a misdemeanor, and can constitute contempt of court.
It may also lead to the dismissal of an action commenced by the business represented by a nonlawyer, or default judgment against a business which seeks to defend itself through a nonlawyer. This is because the pleadings signed by the nonlawyer are considered fundamentally defective.
