Unauthorized practice of law.

[Justin Schwartz]

Regulation of attorneys is state law. In Illinois, as a non-attorney engaged 
in unauthorized practice of law,  you could be liable for damages. Maybe you 
think your friend won't sue you. Maybe in your state (is it CA?) he can't. 
Though there is some older contrary caselaw. Well, it's a risk you take. 
Aside from the legalities, there is also prudence. The law is complicated 
and there is often real money at stake. Would you let yourself be treated 
for a potentially serious illness by someone without medical tradining and 
qualifications? --jks

In Torres v. Fiol, 441 N.E.2d 13001300 (Ill. App;. Ct. 1982), plaintiffs 
agreed to lease the store to XX "who assumed certain contractual obligations 
to the mortgage holder.   Plaintiffs alleged that they contacted defendant, 
who held himself *11 out to the public for the purpose of rendering legal 
services, to prepare the necessary documents for the transaction.   
Plaintiffs claimed that defendant rendered a legal opinion and advice on the 
transaction and also prepared the documents for the transaction, although 
they averred he performed the latter in an improper and careless
manner." The court held that "plaintiffs are not prevented from proceeding 
against defendant upon a negligence theory for his alleged improper 
activity."

The case quotes some other authority:
While not extensive there appear several reported decisions allowing for the 
recovery against a non-attorney for the unauthorized and negligent practice 
of law.   In > Biakanja v. Irving (1958), 49 Cal.2d 647, 320 P.2d 16 a non- 
attorney was charged with improperly preparing a will.   The court commented 
that "such conduct should be discouraged *12 and not protected by immunity 
from civil liability, as would be the case if plaintiff, the only person who 
suffered a loss, were denied a right of action."  (> 320 P.2d 16, 19.) 
Similar to the Biakanja case is > Latson v. Eaton (Okl.1959), 341 P.2d 247, 
where a non-attorney was held liable for the preparation of legal documents. 

   Further, in > Mattieligh v. Poe (1960), 57 Wash.2d 203, 356 P.2d 328, the 
court remarked that the undertaking involving the practice of law by a
real estate broker, who was not an attorney, may render him liable if the 
work is negligently performed.   See also > Wright v. Langdon (Ark.1981), 
623 S.W.2d 823, 827.


>From: Chuck Grimes <cgrimes at tsoft.com>
>Reply-To: lbo-talk at lists.panix.com
>To: lbo-talk at lists.panix.com
>Subject: Re: Bankruptcy grace period
>Date: Fri, 23 Mar 2001 01:15:12 -0800 (PST)
>
>
>As an attorney, I would advise folks not to engage in unauthorized practice
>of law, which is itself illegal. "Practice of law" is application of legal
>rules to specific sets of real facts for the purpose of offering legal
>advice. Tell people who are contemplating bankruptcy to see a good
>bankruptcy lawyer. --jks
>
>-----------------
>
>Hey, Michele
>
>You want to go after this with a federal court official? Should be worth a 
>few
>rounds of fun---seeing as how you had me practicing on myself without
>authorization back when ....
>
>Justin, here's a legal question. Does applying legal rules to specific sets 
>of
>real facts for the purpose of offering myself legal advice, constitute a
>violation of this principle? Does someone who advises someone else to 
>engage in
>this practice, violate this principle--if neither party is an officer of 
>the
>court, i.e an attorney?
>
>Chuck Grimes
>
>
>

_________________________________________________________________
Get your FREE download of MSN Explorer at http://explorer.msn.com