Legal Definitions - UPL

UPL stands for Unauthorized Practice of Law.

This term refers to the act of performing legal services, providing legal advice, or representing another person in legal matters without being properly licensed as an attorney in the relevant jurisdiction.

The prohibition against UPL exists to protect the public from unqualified or unethical individuals who might offer legal assistance without the necessary education, training, and ethical obligations that licensed lawyers must uphold. It ensures that individuals seeking legal help receive competent and accountable service.

• Example 1: A self-proclaimed "business consultant" advises a small business owner on the specific legal clauses to include in a contract with a new supplier, and then drafts the entire contract for them, despite not being a licensed attorney.

  Explanation: Providing specific legal advice on contract terms and drafting legal documents like contracts are activities that require legal training and a license to practice law. Performing these actions without a license constitutes the unauthorized practice of law.

• Example 2: A non-lawyer offers to represent a friend in a child custody hearing, preparing all the court documents, filing them, and attempting to argue the case before the judge on their friend's behalf.

  Explanation: Representing someone in court, preparing and filing legal pleadings, and making arguments to a judge are core functions of a licensed attorney. A non-lawyer performing these actions is engaging in the unauthorized practice of law.