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Poore v. Fox Hollow Enterprises

    Brief Fact Summary. Tammy Poore, (Appellant), moved to strike the answering brief by Fox Hollow Enterprises, (Appellee), for failure to properly file an answer through Delaware counsel.

    Synopsis of Rule of Law. A limited liability company cannot appear or conduct business in court without representation by representation by counsel.

    Facts. Douglas E. Campbell admitted he drafted the answering brief himself although he does not have a license to practice law in Delaware. He believes that because Appellee is a Limited Liability Company, (LLC), and not a corporation, he could represent his company in court without a licensed attorney.

    Issue. Whether a member or manager of an LLC may appear in court to represent an LLC without representation by legal counsel.

    Held. No. Because of the limited liability inherent in the LLC and the contractual nature of this entity a member or manager of an LLC cannot appear in court to represent the entity without representation by legal counsel.

    Discussion. The LLC constitutes a distinct but artificial entity. While a natural person may represent him or herself in a court even though he or she is not an attorney licensed to practice, an LLC is an artificial entity and can only act through its agents and, before a court, only through an agent duly licensed to practice law.


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