February 24, 1975
The Honorable Franklin L. Smith Nueces County Attorney Nueces County Courthouse Corpus Christi, Texas 78401 Opinion No. H- 538 Re: May a non-lawyer employee ofa corporation legally file a petition in Small Claims Court on behalf ofthe corporation? Dear Mr. Smith:

You have requested our opinion concerning whether anonlawyer employee ofarorporation may legally file apetition in Small Claims Court onbehalf ofthe corporation.

Article 2460a. section 2, V. T. C.S., gives Small Claims Courts jurisdiction “in all actions for the recovery of money byany person, association ofpersons, corporation or by any attorney for such parties. ” (Emphasis added) This language suggests that a corporation may bring an action in a Small Claims Court without the aid ofan attorney, and article 2460a has been so construed. Attorney General Opinion C-82 (1963). However, Rule 7, T.R. C.P., which provides that “[a]ny party to a suit may appear and prosecute or defend his rights therein, either in person or by an attorney of the court, ” has been interpreted as applying only toindividuals and not to corporations. Globe Leasing, Inc. v. Engine Supply and Machine Service, 327 S.W. 2d 43 (Tex. Civ. App. --Houston 1969, nowrit). The court therefore held that a corporation may appear in **court** only through an attorney. Globe concerned anaction ina District Court, which courts are expressly governed by the Rules of Civil Procedure pursuant to Rule 2, which provides in part:

p. 2420The Honorable Franklin L. Smith page 2 (H-538)

These rules shall govern the procedure in the **justice,** county, district, and appellate courts ofthe State of Texas in all actions ofa civil nature.

. . . . The procedure in Small Claims **Courts** is governed by article 2460a, and the Rules of Civil Procedure are applicable only insofar as provided by that article. Rule 7and the Globe court’s construction thereof are therefore inapplicable toactions in Small Claims **Courts.**

We are supported in this determination by the inapplicability of the reasoning behind thea rule to Small Claims Courts. The Globe **court** cited Brandstein v. White Lamps, 20F. Supp. 369 (S.D.N.Y. 1937) and Simbraw, Inc. v. United States, 367 F. 2d 373 (3rd Cir. 1966) as stating the appropriate reasoning.

The confusion that has resulted in this case from pleadings awkwardly drafted and motions inarticulately presented
. . . demonstrates the wisdom of such a policy. Simbraw, supra. This reasoning is no more applicable to corporations than toindividuals. Further, it is vitiated by the simplified procedure in Small Claims Courts. A simplified form ofpleading is utilized, [article 2460a, section 4, Attorney General Opinion C-283 (1964)]; the hearing is informal, [article 2460a, section 7-j;and it is the “duty ofthejudge to develop all ofthe facts inthe particular ease, ” including the summoning and questioning ofwitnesses and parties. [Article 2460a, b93.

A second rationale requiring a corporation toappear through a licensed attorney is presented in Brandstein, supra.

Were it possible for corporations to prosecute or defend actions inperson, through their own officers, men unfit by character and training, men, whose credo is that the endjustifies the means, disbarred lawyers

p. 2421The Honorable Franklin L. Smith page 3 (H-538)

or lawyers of other jurisdictions would soon create opportunities for,themselves as officers ofcertain classes of corporations and then freely appear in our courts as a matter ofpure business not subject to the ethics of our profession or the supervision of our bar associates and the discipline ofour **courts.** However, both thejurisdictional limit and the form ofthehearing operate to undermine the application ofthis reasoning to Small Claims Courts. As stated in People v. Alfani, 125N.E. 671, at 674 (N.Y. Comm. App. 1919): The results cannot be serious. The cases are

generally of minor importance tothe parties; such occasions are seldom frequent enough to make it a business, and the procedure is as informal as to constitute thejudge really an arbitrer inthe dispute. Inlight ofthe language ofarticle 2460a and ofthe inapplicability to Small Claims Courts ofboth the rationale underlying the Globe court’s interpretation ofRule 7and ofthe Rules themselves, we believe that a corporation may appear in Small Claims Courts through a non-lawyer employee. SUMMARY A corporation may appear in aSmall Claims Court through an employee, whether or nothe be a licensed attorney. Very truly **yours,**

Attorney General of Texas

p. 2422The Honorable Franklin L. Smith ‘page 4 (H-538)

APPROVED:

EATH, Chairman Opinion Committee lg

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