Legal Definitions - practice of law

The "practice of law" refers to the professional work performed by an individual who has been properly licensed and admitted to practice as a lawyer in a particular jurisdiction. This work involves a wide array of services that require specialized legal knowledge, training, and ethical obligations.

It encompasses activities such as:

• Representing clients in court proceedings or before government agencies.
• Providing legal advice and counsel on various legal questions.
• Drafting and reviewing legal documents, including contracts, wills, and other agreements.
• Negotiating on behalf of clients in legal matters.
• Preparing legal opinions or analyses on specific points of law.

Examples of the Practice of Law:

• Example 1: A lawyer represents a client who was injured in a car accident. The lawyer investigates the incident, files a lawsuit against the at-fault driver, negotiates with insurance companies, and ultimately argues the case in court to seek compensation for their client's medical expenses and damages.

  Explanation: This clearly illustrates the practice of law through litigation, client representation, negotiation, and court advocacy, all requiring a licensed attorney's expertise.

• Example 2: A small business owner hires a lawyer to draft a comprehensive set of terms and conditions for their new online service. The lawyer ensures the terms comply with consumer protection laws, intellectual property rights, and data privacy regulations, and advises the owner on potential legal risks.

  Explanation: This demonstrates the practice of law through legal drafting, advising on compliance with various laws, and risk assessment, which are core functions of a legal professional.

• Example 3: A family seeks advice from an attorney about creating an estate plan. The lawyer explains the differences between a will and a trust, helps them decide on beneficiaries, drafts the necessary documents, and ensures the plan minimizes estate taxes and aligns with their wishes for asset distribution.

  Explanation: This exemplifies the practice of law through providing specialized legal advice, drafting complex legal instruments (wills, trusts), and guiding clients through intricate legal processes like estate planning.

Unauthorized Practice of Law (UPL)

UPL stands for Unauthorized Practice of Law. This occurs when an individual who is not a licensed attorney in a particular jurisdiction performs activities that are legally defined as the "practice of law." This is generally prohibited to protect the public from incompetent or unethical advice and representation, as non-lawyers are not bound by the same ethical rules, professional standards, or malpractice insurance requirements as licensed attorneys.

While some activities, like representing someone in court, are almost universally considered the practice of law, the precise boundaries of UPL can sometimes be complex and vary by state. Some jurisdictions allow non-lawyers to perform certain limited tasks, such as assisting with basic form completion or representing clients in specific administrative hearings.

Examples of Unauthorized Practice of Law:

• Example 1: A self-proclaimed "legal consultant" who is not a licensed attorney offers to represent a neighbor in a landlord-tenant dispute, drafting legal letters, negotiating with the landlord's attorney, and preparing to appear in court on the neighbor's behalf.

  Explanation: This is a clear instance of UPL because the individual, lacking a law license, is providing direct legal representation, drafting legal documents for another, and attempting to engage in litigation, all of which are reserved for licensed attorneys.

• Example 2: An accountant advises a client on the most advantageous legal structure for their new business (e.g., whether to form an LLC or a corporation) not just from a tax perspective, but also by explaining the legal liability implications of each structure and drafting the company's operating agreement.

  Explanation: While accountants can offer tax advice, crossing into providing specific legal advice on business entity formation and drafting governing legal documents (like an operating agreement) typically constitutes UPL, as it requires legal interpretation and application beyond standard accounting practices.

• Example 3: A website offers downloadable legal forms for divorce, accompanied by a "document preparer" service where a non-lawyer reviews the user's personal information, selects the appropriate forms, and fills them out, providing specific advice on how to answer legal questions within the forms.

  Explanation: Merely providing forms is usually permissible. However, when a non-lawyer provides personalized advice on how to complete legal documents or interprets legal questions for a specific individual, they are likely engaging in UPL, as this goes beyond clerical assistance and into providing legal guidance.