If I filed a complaintfor my boss, can I also appear in courtfor him?

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If I filed a complaintfor my boss, can I also appear in courtfor him?

His company is a taxicab service and one of his drivers owes him under $5000. I filed a complaint with the courts. He would like me to appear in court instead of him. Is that possible?

Asked on October 11, 2011 under Business Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends by what you mean by "appear."

Can you represent him, or the company, in court, as a lawyer? No--not unless you are an attorney. Only lawyers may represent other people, or corporations, or limited liability companies, etc. So if he does not want to show up personally to represent himself--which he can only do if the company is a sole proprietorship--he'll need to get an attorney. He'll have to get a lawyer if the company is a corporation or LLC, even if he also shows up--again, only attorneys can represent corporations or LLCs.

If you have an attorney, however, you'll still need someone from the company to show up to testify to the facts (e.g. how much is owed, and why). If you have knowledge of the facts, you can be the person who goes to court with the lawyer; there's no law saying the boss or owner has to be the one who shows up to testify. Again, the requirement is that you have to have personal knowledge, though.


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