Varney Enter., Inc. v. WMF, INC., 520 N.E.2d 1312 (Mass. 1988). · Go Syfert
Varney Enter., Inc. v. WMF, INC., 520 N.E.2d 1312 (Mass. 1988). Cases Citing This Book View Copy Cite
G Cite
cited 4× by 3 distinct cases, 2019–2026 · 2 courts · …person appearing pro se does not represent another at p. 82
44 citation events (36 in the last 25 years) across 8 distinct courts.
Strongest positive: SUSAN CHEUNG & Another v. THOMAS B. PUSCHAK & Another. (massappct, 2026-06-12) · Strongest negative: Southern Auto Source Finance, LLC v. Airways Towing & Recovery, LLC (tennctapp, 2026-06-22)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Limited Southern Auto Source Finance, LLC v. Airways Towing & Recovery, LLC (2×)
Tenn. Ct. App. · 2026 · confidence low
App. 710, 716 , 666 A.2d 904, 907 (1995) (noting a statute that allows a non-attorney to appear before small claims court on behalf of a corporation); Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 81 , 520 N.E.2d 1312, 1313 (1988) (relying on a small claims court procedural rule that stated: “The role of the attorney may be limited by the court.
discussed Cited "but see" CUMMINGS PROPERTIES, LLC v. DARRYL C. HINES.
Mass. App. Ct. · 2022 · signal: but see · confidence high
But see Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 82 (1988) (with exception of small claims proceedings, "corporations must appear and be represented in court, if at all, by attorneys").
discussed Cited as authority (verbatim quote) SUSAN CHEUNG & Another v. THOMAS B. PUSCHAK & Another.
Mass. App. Ct. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
person appearing pro se does not represent another
discussed Cited as authority (verbatim quote) MARGARET KELLEY, Personal Representative, & Another v. MARK HURLEY & Others.
Mass. App. Ct. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
person appearing pro se does not represent another
discussed Cited as authority (verbatim quote) Padmanabhan v. Yout
Mass. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
corporation may not be represented in judicial proceedings by a corporate officer who is not an attorney licensed to practice law in the commonwealth
discussed Cited as authority (verbatim quote) Real Estate Bar Association for Massachusetts, Inc. v. National Real Estate Information Services
Mass. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
corporation may not be represented in judicial proceedings by a corporate officer who is not an attorney licensed to practice law in the commonwealth
examined Cited as authority (quoted) Stevenson v. TND Homes I LLC. (2×)
Mass. · 2019 · signal: see · quote attribution · 2 verbatim quotes · confidence high
person appearing pro se does not represent another
cited Cited as authority (rule) JOHN FINLAYSON v. COX FUEL CO., INC., & Another.
Mass. App. Ct. · 2025 · confidence medium
Servs. v. Hatcher, 479 Mass. 542, 543 (2018); Varney Enters. v. WMF, Inc., 402 Mass. 79, 82-83 (1988); Braxton v. Boston, 96 Mass. App. Ct. 714 , 719 (2019).
discussed Cited as authority (rule) ELIZABETH CERDA & Another v. MICHAEL DUNN & Another.
Mass. App. Ct. · 2025 · confidence medium
Although the plaintiff did attempt to bring the claim derivatively, "corporations must appear and be represented in court, if at all, by attorneys." Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 82 (1988).
discussed Cited as authority (rule) Lighthouse Early Learning Center v. Massachusetts Commission Against Discrimination. (2×) also: Cited "see, e.g."
Mass. App. Ct. · 2023 · confidence medium
Burnham v. Justices of the Superior Court, 439 Mass. 1018, 1018 (2003); Varney Enters. v. WMF, Inc., 402 Mass. 79, 82 (1988).
discussed Cited as authority (rule) Dickey v. Inspectional Services Department of Boston
Mass. · 2019 · confidence medium
It is well settled under Massachusetts law that, with one very limited exception not applicable here, "corporations must appear and be represented in court, if at all, by attorneys." Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 82 (1988).
discussed Cited as authority (rule) Musi v. Gloucester Boat Building Co.
Mass. Dist. Ct., App. Div. · 2013 · confidence medium
At the April 22, 2008 hearing, no attorney appeared on behalf of the LLC. “[Cjorporations must appear and be represented in court, if at all, by attorneys.” Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 82 (1988).
discussed Cited as authority (rule) Kitras v. Zoning Administrator
Mass. · 2009 · signal: cf. · confidence medium
Cf. Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 81-82 (1988) (corporation may not be represented in judicial proceedings by corporate officer who is not licensed attorney, except in small claims matters).
cited Cited as authority (rule) Hilti, Inc. v. HML Development Corp.
Mass. Super. Ct. · 2007 · confidence medium
White Company, Inc., 441 Mass. 1009, 1010 (2004) (quoting Varney Enters, Inc. v. WMF, Inc., 402 Mass. 79, 82 (1988); see also, G.L.A. 221, §46.
cited Cited as authority (rule) Bornstein v. Sunstate Equities, Inc.
Mass. Dist. Ct., App. Div. · 2005 · confidence medium
Varney Enterprises, Inc. v. WMF, Inc., 402 Mass. 79, 81-82 (1988).
cited Cited as authority (rule) Driscoll v. T.R. White Company, Inc.
Mass. · 2004 · confidence medium
The law in Massachusetts is clear. “ [Corporations must appear and be represented in court, if at all, by attorneys.” Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 82 (1988).
discussed Cited as authority (rule) Brattman v. Secretary of the Commonwealth
Mass. · 1995 · confidence medium
In Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 79 (1988), we held that, “except for small claim matters, a corporation may not be represented in judicial proceedings by a corporate officer who is not an attorney licensed to practice law in the Commonwealth.” Corporations, including nonprofit corporations, are artificial persons.
discussed Cited as authority (rule) Techbuilt Homes, Inc. v. Framingham Savings Bank
Mass. Super. Ct. · 1995 · confidence medium
Corporate Counsel Relying upon Varney Enterprises, Inc. v. WMF, Inc., 402 Mass. 79, 79 (1988), the defendants assert that Techbuilt and Three D may not maintain this action because the Complaint was not signed by counsel for those corporate plaintiffs.
discussed Cited as authority (rule) Hawkeye Bank & Trust, National Ass'n v. Baugh
Iowa · 1990 · confidence medium
See In re K.M.A., Inc. v. General Motors Acceptance Corp., 652 F.2d 398, 399 (5th Cir.Unit B July 1981); Richter v. Higdon Homes, Inc., 544 So.2d 300, 300 (Fla.App.1989); Oahu Plumbing and Sheet Metal, 60 Haw. at 376 , 590 P.2d at 573 ; Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 82 , 520 N.E.2d 1312, 1314 (1988); Walacavage, 331 Pa.Super. at 142 , 480 A.2d at 284 .
cited Cited "see" Wilbur v. Tunnell
Mass. App. Ct. · 2020 · signal: see · confidence high
See Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 82 (1988).
examined Cited "see" Rental Property Management Services v. Hatcher (4×) also: Cited "see, e.g."
Mass. · 2018 · signal: see · confidence high
See Varney Enters., Inc . v. WMF, Inc ., 402 Mass. 79 , 82, 520 N.E.2d 1312 (1988) (recognizing "the well-established common law principle that corporations must appear and be represented in court, if at all, by attorneys"). 8 We also recognize that nonattorneys may assist litigants in various ways without engaging in the unauthorized practice of law.
discussed Cited "see" Hutchings v. City of Gardner
Mass. Super. Ct. · 2010 · signal: see · confidence high
See Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 82 (1988) (noting “well-established common law principle that corporations must appear and be represented in court, if at all, by attorneys”).
cited Cited "see" Donoghue v. Horner
Mass. Super. Ct. · 2009 · signal: see · confidence high
See id. at 81-82 .
discussed Cited "see" LAS Collection Management v. Pagan (2×)
Mass. · 2006 · signal: see · confidence high
See Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 81 (1988).
discussed Cited "see" Burnham v. Justices of the Superior Court (2×)
Mass. · 2003 · signal: see · confidence high
See Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 79-82 (1988). 2 See also G.
examined Cited "see" Eckles v. Atlanta Technology Group, Inc. (3×)
Ga. · 1997 · signal: see · confidence high
See Varney Enterprises v. WMF, Inc., 520 NE2d 1312, 1314 (Mass. 1988).
cited Cited "see, e.g." Lee v. Mt. Ivy Press, L.P.
Mass. App. Ct. · 2005 · signal: see, e.g. · confidence medium
See, e.g., Varney Enterprises, Inc. v. WMF, Inc., 402 Mass. 79, 81-82 (1988).
Retrieving the full opinion text from the archive…
Varney Enterprises, Inc. vs. WMF, Inc.
Massachusetts Supreme Judicial Court.
Apr 6, 1988.
520 N.E.2d 1312
Donald Kaplan, pro se., Michael L. Pappas for the defendant.
Hennessey, Abrams, Nolan, Lynch, O'Connor.
Cited by 27 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: #15,551 of 633,719
Citer courts: Massachusetts Supreme Judicial… (4)
O’Connor, J.

In this case, we hold that, except for small claim matters, a corporation may not be represented injudicial proceedings by a corporate officer who is not an attorney licensed to practice law in the Commonwealth.

It appears to be undisputed that Donald Kaplan is vice president and chief executive officer of Varney Enterprises, Inc. (Varney), a close corporation operating a small family printing business, and that Kaplan is not an attorney. Kaplan filed a claim on behalf of Varney against WMF, Inc., pursuant to the small claims procedure in the Waltham Division of the District Court. The statement of claim asserted that WMF, Inc., owed Varney a balance of $1,960 on a $4,000 purchase order, but that Varney would waive $460 of that amount, thus reducing the[*80] claim to the $1,500 maximum small claims jurisdictional amount. See G. L. c. 218, § 21 (1986 ed.). WMF, Inc., counterclaimed for $1,640. The counterclaim arose out of the same transaction that gave rise to Varney’s claim. See Dist. Mun. Cts. R. Civ. P. 13 (a) (1975) regarding compulsory counterclaims. WMF, Inc., also moved for transfer of the entire case to the regular civil docket of the District Court. See G. L. c. 218, § 24 (1986 ed.). The motion was allowed. A judge then allowed Varney’s motion to amend its claim to allege an indebtedness of $1,960 plus interest. After a trial there was a finding for Varney as plaintiff in the sum of $1,960, and for Varney as defendant-in-counterclaim, and judgment entered. At no time during the District Court proceedings was Varney represented by an attorney. An attorney did represent WMF, Inc.

WMF, Inc., appealed to the Superior Court. See G. L. c. 231, § 97 (1986 ed.). WMF, Inc., moved in the Superior Court that the court strike Varney’s answer to the counterclaim and order a default judgment thereon in favor of WMF, Inc. The basis of the motion was that any answer that had been filed (none appears in the record) had been filed on behalf of the corporation by a person not authorized to practice law. A judge allowed WMF, Inc. ’s motion. Varney sought relief from a single justice of the Appeals Court. Treating Varney’s petition as an appeal from an order disqualifying a party’s counsel, as in Borman v. Borman, 378 Mass. 775, 780 (1979), the single justice authorized an immediate appeal to a full panel of the Appeals Court. Varney, represented by Kaplan throughout, took the necessary steps to perfect the appeal, and, after the appeal was entered in the Appeals Court, we transferred it to this court on our own initiative.

General Laws c. 218, § 21 (1986 ed.), dealing with small claims procedure in the District Court, provides in relevant part: “The administrative justice for the district court department shall make uniform rules . . . subject to the approval of the supreme judicial court, providing for a simple, informal and inexpensive procedure ... for the determination ... of claims in the nature of contract or tort, other than slander and libel, in which the plaintiff does not claim as debt or damages[*81] more than fifteen hundred dollars . . . .” Standards have been promulgated pursuant to that statute. Small Claims standard 6:05 (1984) provides: “The role of the attorney may be limited by the court. Others, in addition to attorneys, may be permitted to assist or appear on behalf of the parties.” The legislative objective of having a simple, informal, and inexpensive procedure for the determination of small claims is best served by allowing corporations, as plaintiffs or defendants, to appear and function in small claims proceedings through principals or employees not licensed as attorneys. Nothing in our statutes is inconsistent with that proposition. See G. L. c. 221, § 46 (1986 ed.) (“No corporation . . . shall practice or appear as an attorney for any person other than itself in any court in the commonwealth . . .”).

However, judicial proceedings other than those specially designed for the determination of small claims do not share the simplicity and informality that are characteristic of small claims procedure. With the limited exception of small claims proceedings, a thorough familiarity with procedural and substantive rules of law on the part of responsible advocates bound by rules of discipline is a prerequisite to the efficient functioning of courts and the proper administration of justice. That proposition has found universal acceptance in the many State and Federal courts that have considered the question whether corporations may appear or be represented in litigation by persons who are not lawyers. See, e.g., In re Victor Publishers, Inc., 545 F.2d 285, 286 (1st. Cir. 1976), and numerous cases cited therein; Oahu Plumbing & Sheet Metal, Ltd. v. Kona Constr., Inc., 60 Hawaii 372 (1979), and numerous cases cited therein; Land Management, Inc. v. Department of Envtl. Protection, 368 A.2d 602 (Me. 1977), and numerous cases cited therein. See also the cases collected in Annot., 19 A.L.R. 3d 1073 (1968 ed. & 1987 Supp.), and 9A Fletcher, Cyclopedia of Corporations § 4463 (perm. 1985 ed. & 1986 Supp.). The unanimity of so many courts, and the sound reasons advanced for the principle they adopt, persuade us to follow them.

We recognize that G. L. c. 221, § 48 (1986 ed.), provides that “[pjarties may manage, prosecute or defend their own[*82] suits personally, or by such attorneys as they may engage.” The word “parties” and words of similar import in similar statutes in other jurisdictions have consistently been construed to apply only to natural persons, not corporations, so as not to conflict with the well-established common law principle that corporations must appear and be represented in court, if at all, by attorneys. In re Las Colinas Dev. Corp., 585 F.2d 7, 12 (1st Cir. 1978), cert. denied sub nom. Schreibman v. Walter E. Heller & Co., 440 U.S. 931 (1979). Oahu Plumbing & Sheet Metal, Ltd. v. Kona Constr., Inc., supra at 376. There is no injustice in allowing natural persons to appear pro se, while requiring persons who accept the advantages of incorporation to bear the burden of hiring counsel to sue or defend in court. Walacavage v. Excell 2000, Inc., 331 Pa. Super. 137, 142-143 (1984). A person appearing pro se does not represent another, as does a person appearing for a corporation.

We recognize the danger that a defendant in a small claims action brought by a corporation may assert an unfounded counterclaim in excess of the jurisdictional amount for the sole purpose of obtaining a transfer of the case to the regular District Court civil docket, [1] thereby creating the necessity for the corporation to retain counsel. But the recognition of that possibility does not cause us to conclude that a corporation that has invoked the small claims procedure should be permitted to participate in subsequent proceedings outside the small claims procedure without counsel. Rather, other remedies for pleadings filed or procedures taken in bad faith must be invoked, e.g., lawyer discipline, the striking of pleadings pursuant to Mass. R. Civ. P. 11 (a), or the award of costs and counsel fees under G. L. c. 231, § 6F (1986 ed.).

The judgment on Varney’s claims was not affected by the order of the Superior Court judge relative to WMF, Inc.’s counterclaim, and it is not affected by this decision. We affirm the judge’s order relative to the counterclaim, but we remand the case to the Superior Court with the instruction that an order shall enter providing that the default judgment against Varney[*83] on the counterclaim shall be vacated if, within thirty days of this decision, an attorney appears and files an answer on Varney’s behalf.

So ordered.

1

We do not intimate that that was done here.