Who Can Represent a Business Entity in Texas (and Why It’s Still Confusing)
Texas business owners are often surprised to learn that, even if they fully own and operate a company, they may not be able to represent it in court. That surprise is understandable—especially for small or single-member businesses.
The rules are real, but they’re also more nuanced than people expect.
The General Rule in Texas
Under Texas law, a business entity—such as an LLC, corporation, or partnership—generally must be represented by a licensed attorney in court.
This applies even when:
- There is only one owner
- The owner is also the manager
- The dispute feels “personal”
- The dollar amount is relatively small
The key concept is that the entity is legally separate from the individual, even when that separation feels theoretical in day-to-day operations.
Why Texas Draws This Line
Texas courts treat representation of an entity as the practice of law. When a non-lawyer appears on behalf of a company, the court views that as someone practicing law without a license—even if the person owns 100% of the business.
This rule isn’t about doubting business owners’ intelligence or experience. It’s about:
- Maintaining consistent legal standards
- Protecting the court process
- Avoiding procedural errors that can quietly damage a case
The Part That Causes the Most Confusion: Justice of the Peace (JP) Courts
Here’s where things get tricky—and where many business owners reasonably assume the rules are different.
In Texas Justice of the Peace courts, there isa limited carve-out.
The JP Court Exception (Yes, It’s Real)
Texas law allows certain entities to appear in JP court without an attorney, typically through:
- An owner
- A partner
- An authorized employee or agent
This is most commonly seen in:
- Small claims cases
- Debt disputes
- Evictions
- Other low-dollar civil matters within JP court jurisdiction
This carve-out exists because JP courts are designed to be more accessible and informal than higher courts.
Why This Still Trips People Up
The JP court exception often leads business owners to assume one of two things:
- That the rule applies everywhere (it doesn’t), or
- That what works in JP court will carry over if the case escalates (it won’t)
Once a case moves to:
- County Court
- District Court
- Appeals
…the general rule snaps back into place: entities must be represented by counsel.
Cases are sometimes dismissed, delayed, or procedurally stalled simply because the entity appeared properly in JP court but not in the next forum.
Why This Isn’t Always Obvious Up Front
From a client’s perspective, the confusion is reasonable:
- The same entity
- The same dispute
- The same owner
- Different court, different rules
Nothing about that feels intuitive, and courts don’t always explain the distinction until it becomes an issue.
A Practical, Texas-Friendly Takeaway
If your Texas business is involved in a JP court matter, you may be able to appear without an attorney—but that permission is narrow and context-specific.
If the dispute:
- Might escalate
- Involves meaningful exposure
- Could affect the entity beyond a single hearing
…it’s often worth getting guidance early, even if counsel doesn’t formally appear right away.
Final Thought
Texas law tries to balance access with structure, and JP courts are part of that balance. But once a matter moves beyond that narrow lane, the rules change quickly.
If you’re ever unsure whether you’re allowed to represent your company—or whether doing so might quietly create problems later—that uncertainty alone is a good reason to ask before proceeding. It’s not about doing anything “wrong.” It’s about navigating a system that wasn’t designed to be obvious.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.