Legal Ethics 101 For Boinktards

[mandy]

Paragraph 1, Sentences 1 and 2 http://books.google.com/books?id=Cqp7_3CcZ64C&pg=PA77&lpg=PA77&dq=representing+others+without+a+lawyer's+license&source=web&ots=5UKWrpNbD3&sig=7nEVO8DhFVwdeFunr5ew82Dv6TY

[BellisimaJ.]

It almost goes without saying that no one without a license to practice law can represent anyone else in any court proceedings. Such representation would certainly be the unauthorized practice of law, since courtroom advocacy is an integral part of the latter.

         

Hmm........I wonder if a "promise to represent" someone in a court case is legal?  Not to mention, the advertisement of said prosecution of such case whilst "representing" other boinktards. Can one bring charges against a person who has committed, publicly, and in detailed writings, the "unauthorized practice of law"? The possiblities are fascinating...............

[mandy]

In most states, unauthorized practice of law is a criminal offense. However, while there are cases of individuals being prosecuted for the unauthorized practice of law, absent fraud, theft, or serious violations of consumer protection laws, common practice is simply to explain to the person that the questioned activities constituted unauthorized practice of law and get an agreement that the person will desist.

http://en.wikipedia.org/wiki/Practice_of_law

and

§ 84-8. Punishment for violations; legal clinics of law schools excepted
Any person, corporation, or association of persons violating the provisions of G.S. 84-4 to 84-8 shall be guilty of a Class 1 misdemeanor.

UPL complaints can be made either to the state bar (for injunctive relief) or the DA in the jurisdiction where the violation occurred (for filing of Class 1 misdemeanor charges)

[BellisimaJ.]

Thanks, Mandy.