Historically, Louisiana courts have not allowed businesses to represent themselves without an attorney. That long‑standing position meant corporate pleadings signed by non‑lawyers were treated as having no legal effect. But, we now learn, that position has at least limited exceptions.
On October 14, 2025, the Louisiana Supreme Court reversed a Second Circuit ruling in ELA Group, Inc. v. Bradley Murchison Kelly & Shea, LLC and clarified a narrow circumstance in which a filing by a business is not a nullity. The Court held that when an officer or managing member who is not a lawyer licensed in Louisiana files solely to prevent the legal consequence of non‑filing—such as prescription, peremption, or default—the filing shall not be found to have no legal effect. Thus, the Court abrogated appellate decisions to the contrary.
A brief look at the case:
A construction company, ELA Group, Inc., settled a legal dispute with a subcontractor on terms that it believed were unfavorable. Two days later, ELA’s non‑lawyer president filed a legal‑malpractice petition against its prior law firm. The district court sustained exceptions (unauthorized practice of law; no right of action) and dismissed without prejudice, and on April 9, 2025, the Second Circuit affirmed, concluding the petition had “no legal effect” because it was filed by a non‑lawyer on behalf of a corporation. The Supreme Court reversed and remanded, explaining that the preservation‑only filing should not have been deemed legally ineffective solely due to the signer’s status.
What the Supreme Court said about businesses self-representing themselves:
The Court did not open the door to self‑representation in general by businesses. Instead, it emphasized transition to licensed counsel and judicial case management:
The corporate entity, as ELA Group did in this case, should promptly enroll counsel of record before taking any additional legal actions concerning the case. A trial court may issue an order providing a reasonable deadline for prompt enrollment of qualified counsel to prevent undue delay in the action, and that order shall provide notice … of the consequence of failure to comply … including dismissal of the action or entry of a default.
The Court also noted that a single‑member LLC disregarded for tax purposes should be treated like the underlying natural person for relevant statutory provisions that do not prohibit natural persons from representing themselves.
What this means for businesses in Louisiana:
- A narrow safety valve for deadlines. If a filing deadline is about to lapse and counsel has not yet appeared, a corporate officer or LLC manager or managing member may file a petition in Louisiana state courts to prevent the consequence of non‑filing. That filing is not a nullity just because the signer is not a lawyer.
- Quick transition to counsel is still expected. After that preservation filing, the entity should promptly enroll counsel of record before taking any additional legal actions. Courts may issue enrollment orders with real consequences, including dismissal or default, if deadlines are missed.
Practical steps to take now:
- Adopt a “preservation filing” protocol. Through board or manager action, authorize specified officers/managers to file a clock‑preserving petition or answer when a deadline is imminent and counsel has not yet appeared—followed by immediate handoff to outside counsel.
- Pre-clear outside counsel. Keep a short list of conflict‑cleared firms that can enroll on short notice. Enrollment orders may set firm deadlines with dismissal/default as consequences.
- Tighten service‑of‑process workflows. To reduce default risk (and the need for last‑minute preservation filings), ensure your registered agent’s notices reach legal leadership the same day.
- Document authorized signers. Identify who may sign a preservation filing and require same‑day internal notification to legal leadership.
Louisiana still expects corporations and LLCs to litigate through licensed attorneys. The Court’s decision simply ensures that a filing made in a Louisiana state court solely to avoid the legal consequence of non‑filing can preserve rights—paired with prompt enrollment of counsel and, where ordered, compliance with court‑imposed deadlines. But beware that this decision applies only to Louisiana state courts, and not to courts in other states or to federal courts.
This post is for general information only and is not legal advice. For guidance tailored to your situation, please contact our team.