Legal Definitions - unauthorized practice of law

The term unauthorized practice of law refers to the act of an individual who is not a licensed attorney performing legal services that, by law, can only be performed by someone admitted to practice law in a particular jurisdiction. This restriction exists to protect the public from unqualified or unethical advice and representation, ensuring that individuals receive legal assistance from professionals who have met specific educational, ethical, and licensing requirements.

Here are some examples illustrating the unauthorized practice of law:

• Scenario: A "legal consultant" who has a law degree but is not licensed to practice law in the state advises a small business owner on the most advantageous corporate structure to minimize liability and then drafts custom articles of incorporation and operating agreements for a fee.

  Explanation: While the consultant may have legal knowledge, providing specific legal advice on corporate formation and drafting tailored legal documents for a client constitutes the practice of law. Since this individual is not licensed in that state, their actions fall under the unauthorized practice of law, even if they possess a law degree.

• Scenario: A paralegal, without the supervision of a licensed attorney, offers to represent a friend in a landlord-tenant dispute in housing court, preparing all the court filings and arguing the case before the judge.

  Explanation: Paralegals perform valuable legal support tasks under the direct supervision of attorneys. However, independently preparing legal arguments, filing documents on behalf of another party, and representing someone in court are actions reserved for licensed attorneys. Doing so without proper licensure and supervision is the unauthorized practice of law.

• Scenario: A real estate agent, beyond filling out standard pre-printed forms, drafts a complex commercial lease agreement for a client, including specific clauses regarding environmental liabilities and dispute resolution, without an attorney reviewing or approving the document.

  Explanation: While real estate agents can assist with standard contractual forms related to property transactions, drafting complex legal documents that require specialized legal knowledge and negotiation of specific legal terms goes beyond their authorized scope. Such actions, particularly when offering legal advice on the implications of these clauses, constitute the unauthorized practice of law.