Informal Opinion Number: 20060062

QUESTION: An administrative tribunal’s hearing officers, who are licensed attorneys, preside over cases heard by the tribunal. The tribunal received complaints for review by a single-member LLC and a single-member S Corporation. The tribunal’s concern is that if the single member of the LLC or S Corporation appears before the tribunal without an attorney, he or she may be in violation of 484.010. If such an appearance is practicing law without a license, that subjects the tribunal’s attorney hearing officers who preside over the hearings to ethical problems. Is it necessary for single-member LLC or S Corporations to be represented by an attorney in cases before the tribunal?ANSWER: Neither an LLC nor an S Corporation can appear in a tribunal through an officer or other nonlawyer, if that tribunal requires representation by an attorney for any party not appearing pro se. Joseph Sansone Company, v. Bay View Golf Course, 97 S.W.3d 531 (2003). In other words, if the conduct will constitute the practice of law, an LLC, S Corporation, or other corporate entity is not permitted to appear pro se, absent specific authorizing statutes, rules, etc, unless there is law that makes a distinction for a single-member entity. However, not every act in an administrative tribunal constitutes the practice of law. See, State ex rel., Missouri Department of Social Services v. Administrative Hearing Commission, 814 S.W.2d 700 (Mo. App. W.D. 1991).If a nonlawyer’s conduct, on behalf of an LLC or S Corporation, will constitute the practice of law and there is no statute, rule, or other legal authority permitting the particular conduct by a nonlawyer, the attorneys who participate in the proceeding will be assisting the unauthorized practice of law. The attorneys should take steps to stop or prevent this conduct.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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