Maine Small Claims Court LLC Representation: Can a Non-Lawyer Represent Your Business?

The Rule: Non-Lawyers Can Represent Businesses

Under Rule 16(b) of the Maine Rules of Small Claims Procedure, corporations, LLCs, partnerships, and governmental entities can be represented in small claims court by an officer, partner, or full-time employee — even if that person is not a licensed attorney.

This is a specific exception to the general prohibition against the unauthorized practice of law. In a regular Maine civil case, a business entity must appear through a lawyer. In small claims, the rule is relaxed because the proceedings are designed to be informal and accessible.

Who Qualifies as a Representative

The person appearing on behalf of the business must be one of:

• An officer of the business entity
• A partner of the partnership
• A full-time employee of the business entity

Part-time contractors, outside consultants, and family members who aren't employees don't qualify. The person must have an actual employment or ownership relationship with the business.

Documentation to Bring

Rule 16(b) doesn't specify an exact form, but you should bring written proof of your authority to represent the business. Options include:

• A corporate resolution from the board of directors or members authorizing you to represent the company in court
• A letter of authorization signed by an executive officer (if you're an employee, not an officer yourself)
• An affidavit stating your name, title, employment status, and authorization to act on behalf of the business

Having this documentation ready at check-in avoids delays. If the judge or the opposing party questions your authority to represent the company, you can produce written proof immediately.

What This Means in Practice

For a small business owner sued in small claims court, this rule eliminates the requirement to hire an attorney for cases within the $10,000 limit. The business owner may appear if they qualify as an officer or full-time employee under the rule, present the company's evidence, and testify about the facts.

For businesses with multiple employees, it also means the owner doesn't have to attend personally if another employee is better positioned to testify — perhaps the project manager who oversaw the disputed work, or the office manager who handled the billing. As long as that person is a full-time employee and brings authorization documentation, they can represent the business.

Limitations

The Rule 16(b) exception applies only in small claims court. If the case is transferred to the general civil track (because it exceeds the $10,000 limit or involves issues outside small claims jurisdiction), the business must retain a licensed attorney.

The representative is also expected to have personal knowledge of the facts or access to the business records relevant to the dispute. Sending a receptionist who knows nothing about the transaction won't serve the business well, even if they technically qualify under the rule.

What If You're Being Sued Personally and as a Business

Sometimes the Statement of Claim names both you individually and your LLC or corporation. In that situation, you can represent yourself as an individual and your business under Rule 16(b) — no separate attorney needed for the business entity. Just make sure you understand which capacity you're defending: personal liability and business liability can have different implications depending on the dispute.

The Responding to a Small Claims Case in Maine guide covers business representation rules, the full hearing process, and evidence organization for both individual and business defendants.

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