Does a Florida Corporation Need to be Represented by an Attorney In Court?
Yes, but with one exception.
A corporation may not represent itself through non-lawyer employees, officers, or shareholders. Nicholson Supply Co. v. First Federal Savings & Loan Ass’n of Hardee County, 184 So.2d 438 (Fla. 2d DCA 1966); See also Szteinbaum v. Kaes Inversiones y Valores, 476 So.2d 247 (Fla. 3d DCA 1985); [**2] Punta Gorda Pines Dev., Inc. v. Slack Excavating, Inc., 468 So.2d 438 (Fla. 2d DCA 1985); Hub Financial Corp. v. Olmetti, 465 So.2d 618 (Fla. 4th DCA 1985); Daytona Migi Corp. v. Daytona Automotive Fiberglass, Inc., 417 So.2d 272 (Fla. 5th DCA 1982); Angelini v. Mobile Home Village, Inc., 310 So.2d 776 (Fla. 1st DCA 1975). This rule applies even where the non-lawyer purporting to represent the corporation is the sole shareholder of the corporation. Southeastern Associates, Inc. v. First Georgia Bank, 362 So.2d 967 (Fla. 1st DCA 1978).
Richter v. Higdon Homes, Inc., 544 So. 2d 300 (Fla. Dist. Ct. App. 1st Dist. 1989)
The exception is in small claims court cases:
See Fla. Sm. Claims Rule 7.050 stating
(2) Party Not Represented by Attorney to Sign. A party, individual, or corporation who or which has no
attorney handling such cause shall sign that party’s statement of claim or other paper and state that party’s address and telephone number, including area code. However, if the trial court in its discretion determines that the plaintiff is engaged in the business of collecting claims and holds such claim being sued upon by purchase, assignment, or management arrangement in the operation of such business, the court may require that corporation to provide counsel in the prosecution of the cause. A corporation may be represented at any stage of the trial
court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the
corporation.
The Small Claims Rules even provide a form document to allow for non-attorney to represent corporation.
FORM 7.350. CORPORATE AUTHORIZATION TO ALLOW EMPLOYEE TO REPRESENT CORPORATION AT ANY STAGE OF LAWSUIT
(Caption)
AUTHORIZATION OF CORPORATE OFFICER
…..(name)….. is an employee of …..(name of corporation that is a party to this action)…… This individual has authority to represent the corporation at any stage of the trial court proceedings, including mediation.
The undersigned giving the authority is an officer of the corporation. Pursuant to section 92.525, Florida Statutes, under penalties of perjury, I declare that I have read the foregoing Corporate Authorization and that the facts stated in it are true.Dated: ………………..
SIGNING AUTHORITY: ____________________________________
Print name and title: …………………………………………….
(president; vice-president; secretary; treasurer)Address: ……………………………………………
……………………………………………
Phone number: ……………………………………………I certify that a copy of this form has been furnished to [list all parties to this action] by …..(hand delivery/mail/fax)….. on …..(date)……
Name and title: ……………………………………………….
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